Page 63 - GSTL_ 28th May 2020_Vol 36_Part 4

2020 ] PARESH NATHALAL CHAUHAN v. STATE OF GUJARAT 509
Liberties v. Union of India, ‘X’ v. Hospital ‘Z’, People’s Union for Civil Liberties
v. Union of India and Sharda v. Dharmpal.
49. While we are on (B), it is necessary to make a brief reference to Section
93(1) of the Code of Criminal Procedure, 1973 which deals with power of
the court to issue “search warrants” (a) where the court has “reason to be-
lieve” that a person to whom a summons or order under Section 91 or a
requisition under Section 92(1) has been, or might be, addressed, will not or
would not produce the document or thing as required by summons or req-
uisition, or (b) where such document or thing is not known to the court to
be in the possession of any person, or (c) where the court considers that the
purposes of any inquiry, trial or other proceeding under the Code, will be
served by a general search or inspection, it may issue a search warrant; and
the person to whom such warrant is directed, may search or inspect in ac-
cordance therewith and the provisions contained in the Code. Under Sec-
tion 93(2), the court may, if it thinks fit, specify in the warrant, the place or
part thereof to which only the search or inspection shall extend; and the
person charged with the execution of such warrant shall then search or in-
spect only the place or part so specified. Under Section 93(2), a warrant to
search for a document, parcel or other thing in the custody of the postal or
telegraph authority, has to be issued by the District Magistrate or the Chief
Judicial Magistrate.
50. Section 165 of the Code deals with the power of a police officer to
search. Under Section 165(1) he must have reasonable grounds for believing
that anything necessary for the purpose of an investigation into any of-
fence, which he is authorised to investigate, may be found in any place
within the limits of the police station and that such thing cannot, in his
opinion, be otherwise obtained without undue delay. He has to record the
grounds of his belief in writing and specify, so far as possible, the thing for
which search is made. Section 166 refers to the question as to when an of-
ficer in charge of a police station may require another to issue search war-
rant.
51. In the Income Tax Act, 1961 elaborate provisions are made in regard to
“search and seizure” in Section 132; power to requisition books of account,
etc. in Section 132A; power to call for information as stated in Section 133.
Section 133(6) deals with power of officers to require any bank to furnish
any information as specified there. There are safeguards. Section 132 uses
the words “in consequence of information in his possession, has reason to
believe”, (emphasis supplied) Section 132(1-A) uses the words “in conse-
quence of information in his possession, has reason to suspect”. Section
132(13) says that the provisions of the Code of Criminal Procedure, relating
to searches and seizure shall apply, so far as may be, to searches and sei-
zures under Sections 132(1) and 132(1A). There are also Rules made under
Section 132(14). Likewise Section 132A(1) uses the words “in consequence
of information in his possession, has reason to believe”. (emphasis sup-
plied) Section 133 which deals with the power to call for information from
banks and others uses the words “for the purposes of this Act” and Section
133(6) permits a requisition to be sent to a bank or its officer. There are oth-
er Central and State statutes dealing with procedure for “search and sei-
zure” for the purposes of the respective statutes.”
8.1 It was submitted that “privacy” is a right and that prolonged stay at
the premises of the petitioner was an invasion of the right to privacy of the resi-
dents of such premises.
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