Section 27
To Issue Search Warrant
(1) The Court may, in order to make assure the reality of fact, issue search warrant in following situation in the course of proceeding over the petition of habeas-corpus:-
(a) If there is any reason to make assure to the Court that the detainee has been detaining in inhuman manner or illegal torture has been given to him/her, or
(b) If the petitioner shows any reason to make assurance to the Court that it is necessary to issue search warrant due to possibility of transfer of the detainee in another place with intention to elude the order of the
Court, or
(c) If the Court considers that it is necessary or appropriate to issue order of search warrant due to any other similar reasons.
(2) The Court may, while issuing search warrant in accordance with Sub- Section (1), issue an order in the name of its subordinate officer or staff or any incumbent officer or employee of the Government of Nepal to produce the
detainee before the court by carrying out search in any place where detainee is said to be detained or any other suspicious place or places where the detainee is kept under imprisonment. The Court may, if it deems necessary or
appropriate while issuing such order, constitute a search team comprising said employee and person representing the petitioner including office bearer of local body and give the power to the team carry out the act of searching.
(3) The person or team, getting order for searching in accordance with Sub- Section (2), shall search the detainee as per the direction of the Court and if the detainee is identified, the assigned person or team shall submit the report
with the detainee before the court immediately.
(4) If there is reasonable ground to believe that the officer or employee, authorized to carry out the act of searching in accordance with Sub-Section
(2), couldn’t know the detainee, the Court may issue order to any other person to provide support in the act of execution of the search warrant.
(5) If the Court deems necessary to identify the clear fact with regard to the detention by the Court itself or any other sub-ordinate court in order, it may examine the evidence to identify clear fact with regard to the petition of
habeas corpus.
(a) If there is any reason to make assure to the Court that the detainee has been detaining in inhuman manner or illegal torture has been given to him/her, or
(b) If the petitioner shows any reason to make assurance to the Court that it is necessary to issue search warrant due to possibility of transfer of the detainee in another place with intention to elude the order of the
Court, or
(c) If the Court considers that it is necessary or appropriate to issue order of search warrant due to any other similar reasons.
(2) The Court may, while issuing search warrant in accordance with Sub- Section (1), issue an order in the name of its subordinate officer or staff or any incumbent officer or employee of the Government of Nepal to produce the
detainee before the court by carrying out search in any place where detainee is said to be detained or any other suspicious place or places where the detainee is kept under imprisonment. The Court may, if it deems necessary or
appropriate while issuing such order, constitute a search team comprising said employee and person representing the petitioner including office bearer of local body and give the power to the team carry out the act of searching.
(3) The person or team, getting order for searching in accordance with Sub- Section (2), shall search the detainee as per the direction of the Court and if the detainee is identified, the assigned person or team shall submit the report
with the detainee before the court immediately.
(4) If there is reasonable ground to believe that the officer or employee, authorized to carry out the act of searching in accordance with Sub-Section
(2), couldn’t know the detainee, the Court may issue order to any other person to provide support in the act of execution of the search warrant.
(5) If the Court deems necessary to identify the clear fact with regard to the detention by the Court itself or any other sub-ordinate court in order, it may examine the evidence to identify clear fact with regard to the petition of
habeas corpus.