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A160 EXCISE LAW TIMES [ Vol. 372

(e) any other class of goods which the Central Government may, by
notification in the Official Gazette, specify.
Section 102. Persons to be searched may require to be taken before gazetted
officer of customs or magistrate. - (1) When any officer of customs is about
to search any person under the provisions of section 100 or section 101, the of-
ficer of customs shall, if such person so requires, take him without unneces-
sary delay to the nearest gazetted officer of customs or magistrate.
(2) If such requisition is made, the officer of Customs may detain the person
making it until he can bring him before the gazetted officer of customs or the
magistrate.
(3) The gazetted officer of customs or the magistrate before whom any such
person is brought shall, if he sees no reasonable ground for search, forthwith
discharge the person but otherwise shall direct that search be made.
(4) Before making a search under the provisions of section 100 or section
101, the officer of customs shall call upon two or more persons to attend and
witness the search and may issue an order in writing to them or any of them
so to do; and the search shall be made in the presence of such persons and a
list of all things seized in the course of such search shall be prepared by such
officer or other person and signed by such witnesses.
(5) No female shall be searched by any one excepting a female.
Section 103. Power to screen or X-ray bodies of suspected persons for de-
tecting secreted goods. - (1) Where the proper officer has reason to believe
that any person referred to in sub-section (2) of section 100 has any goods lia-
ble to confiscation secreted inside his body, he may detain such person and
shall, -
(a) with the prior approval of the Deputy Commissioner of
Customs or Assistant Commissioner of Customs, as soon as practica-
ble, screen or scan such person using such equipment as may be avail-
able at the customs station, but without prejudice to any of the rights
available to such person under any other law for the time being in
force, including his consent for such screening or scanning, and for-
ward a report of such screening or scanning to the nearest magistrate
if such goods appear to be secreted inside his body; or
(b) produce him without unnecessary delay before the near-
est magistrate.
(2) A magistrate before whom any person is brought under sub-
section (1) shall, if he sees no reasonable ground for believing that such per-
son has any such goods secreted inside his body, forthwith discharge such
person.
(3) Where any such magistrate has reasonable ground for believing
that such person has any such goods secreted inside his body and the mag-
istrate is satisfied that for the purpose of discovering such goods it is neces-
sary to have the body of such person screened or X-rayed, he may make an
order to that effect.
(4) Where a magistrate has made any order under sub-section (3), in
relation to any person, the proper officer shall, as soon as practicable, take
such person before a radiologist possessing qualifications recognized by the
Central Government for the purpose of this section, and such person shall
allow the radiologist to screen or X-ray his body.
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