Section 10B
To Make Searches Of Passenger, Or Any Other Persons Or Goods
10B. To make searches of passenger, or any other persons or goods:
(1) The Chief authority of any aerodrome or an official authorized therefor, or police or security official may, so as to prevent the commission of the offenses of under section 9A., may make searches of passengers and their goods, whether before or after they embark on any aircraft ready to make flight, and any scientific device and equipment may also be used in making such searches. Such searches may also be made of the pilots of the aircraft and officials of the air transportation service as well as all workers who embark on or approach to the aircraft for the purposes of managing the flight.
(2) The passengers or persons who refuse to undergo a search under Sub-section (1) may be denied to embark on or approach to the aircraft.
(3) While making searches of the passengers or pilots under Sub- section (1), so long as any gun (all types), artificial gun which is illusive or seems as if it were a real one, other fatal weapons other than gun (sword, Khukuri (Nepalese sword), knife) or explosive substance (including bomb, grenade, bullet, gun-powder) have been seized, the following shall be followed:
(a) If such gun or explosive substance is illegal, the passenger or person shall be caught and handed over to the police for legal proceedings.
(b) Where it has been tried to secretly keep or carry such gun, artificial gun, other fatal weapons or explosive substances, although they are not illegal, without providing information thereof, the chief official of the aerodrome or personnel authorized therefor, or police or security officials may, as they deem proper, hand
over the real or artificial gun, fatal weapon or explosive substance to the commander of the aircraft, or seize such weapons of substances and allow only the passenger or pilot to proceed, or stop the passenger or pilot also and make necessary inquiries thereabout and only in so far as they are convinced that not any mala fide intention to commit an offense is there, such passenger or pilot may be allowed to proceed or carry such gun, weapon, explosive substances.
(4) If information has been received or the circumstances so warrant to suspect thereof that any person, with an intention to the commit the criminal offenses under section 9A. or other prevailing Nepalese laws, carrying any type of gun, artificial gun, fatal weapons, or explosive substances, has entered or is about to enter into the aerodrome or any restricted areas thereof, the chief official of the aerodrome or the personnel authorized by him/her therefor or security officials or police or military officials deputed to maintain security of the aerodrome may, without warrant, make searches of such persons and goods with such persons and, if
such gun, other weapons or explosive substances have been seized, shall hand over them to the police for making necessary inquiries and actions.
(5) If any personnel, in the course of carrying out his/her duty, stops or prohibits, in good faith under this Section, any person from embarking on or approaching to the aircraft or entering into any restricted area of the aerodrome, and thereupon, the flight time of aircraft becomes late or any damage is caused to the aircraft, the personnel shall not have any legal responsibility to any person therefor. Explanation: For the purpose of this Section the term “pilots” includes flight engineer, radio officer, flight navigator, airhostess, cabin attendant and purser
(1) The Chief authority of any aerodrome or an official authorized therefor, or police or security official may, so as to prevent the commission of the offenses of under section 9A., may make searches of passengers and their goods, whether before or after they embark on any aircraft ready to make flight, and any scientific device and equipment may also be used in making such searches. Such searches may also be made of the pilots of the aircraft and officials of the air transportation service as well as all workers who embark on or approach to the aircraft for the purposes of managing the flight.
(2) The passengers or persons who refuse to undergo a search under Sub-section (1) may be denied to embark on or approach to the aircraft.
(3) While making searches of the passengers or pilots under Sub- section (1), so long as any gun (all types), artificial gun which is illusive or seems as if it were a real one, other fatal weapons other than gun (sword, Khukuri (Nepalese sword), knife) or explosive substance (including bomb, grenade, bullet, gun-powder) have been seized, the following shall be followed:
(a) If such gun or explosive substance is illegal, the passenger or person shall be caught and handed over to the police for legal proceedings.
(b) Where it has been tried to secretly keep or carry such gun, artificial gun, other fatal weapons or explosive substances, although they are not illegal, without providing information thereof, the chief official of the aerodrome or personnel authorized therefor, or police or security officials may, as they deem proper, hand
over the real or artificial gun, fatal weapon or explosive substance to the commander of the aircraft, or seize such weapons of substances and allow only the passenger or pilot to proceed, or stop the passenger or pilot also and make necessary inquiries thereabout and only in so far as they are convinced that not any mala fide intention to commit an offense is there, such passenger or pilot may be allowed to proceed or carry such gun, weapon, explosive substances.
(4) If information has been received or the circumstances so warrant to suspect thereof that any person, with an intention to the commit the criminal offenses under section 9A. or other prevailing Nepalese laws, carrying any type of gun, artificial gun, fatal weapons, or explosive substances, has entered or is about to enter into the aerodrome or any restricted areas thereof, the chief official of the aerodrome or the personnel authorized by him/her therefor or security officials or police or military officials deputed to maintain security of the aerodrome may, without warrant, make searches of such persons and goods with such persons and, if
such gun, other weapons or explosive substances have been seized, shall hand over them to the police for making necessary inquiries and actions.
(5) If any personnel, in the course of carrying out his/her duty, stops or prohibits, in good faith under this Section, any person from embarking on or approaching to the aircraft or entering into any restricted area of the aerodrome, and thereupon, the flight time of aircraft becomes late or any damage is caused to the aircraft, the personnel shall not have any legal responsibility to any person therefor. Explanation: For the purpose of this Section the term “pilots” includes flight engineer, radio officer, flight navigator, airhostess, cabin attendant and purser