A Magistrate does not have the jurisdiction to order the police to break open the lock of a room and hand over possession of the premises to a landlord, and the police do not have the authority to seize articles from a room without a search warrant or a reasonable belief that the articles are evidence of a crime.

Both these appeals are directed against the judgment and order of the learned Single Judge dated 2.11.95, passed on a writ petition registered and numbered as Civil Rule No. 938 of 1995 (1996 (1) GLJ 249) presented by the respondent No.l in Writ Appeal No. 526 of 1995 and the respondent No.8 in Writ Appeal No. 104 of 1996, viz, Shri Sajjan Kumar Jalan, hereinafter referred to as the tenant. The learned Single Judge, by the aforesaid judgment and order, allowed the writ petition and directed for restoration of possession of the petitioner/tenant and for return of the articles those were seized from the petitioner.

2. The aforesaid writ application (Civil Rule No. 938 of 1995) was directed against some of the actions of the Executive authority on the strength of an order of the Chief Judicial Magistrate, Sibsagar, hereinafter referred to as the CJM, in the following circumstances. The tenant was occupying a room measuring 10 feet x 45 feet approximately, in the ground floor of a RCC building situated at LKB Road, Amolapatty, Sibsagar, belonging to Shri Banwarilal Kejriwal, the appellant in Writ Appeal No. 526 of 1995 and the 9th respondent in Writ Appeal No. 104 of 1996, hereinafter referred to as the landlord. The said room in question is covered by Dag No. 1893 of PP Patta No. 1189 of Nugarmohal Mouza, Sibsagar, and was let out to the tenant at a monthly rent of Rs. 321/- per month. h According to the tenant, the landlord instituted a title suit in the Court of the Assistant District Judge, Sibsagar for eviction of the tenant on the grounds mentioned in the plaint, which was registered and numbered as Title Suit No. 68 of 1994 on the 7th of December, 1994. On 13th of December, 1994, the landlord made an application before the CJM, who was also arranged as respondent No. 8 in the writ petition, stating inter alia that the tenant had been occupying the said premises a under him (the landlord) as a monthly tenant and that the said tenant was not paying any rent though the said room was occupied by the tenant and which emitted foul smell. In the said application, it was further mentioned by the landlord that the tenant became insolvent and was unable to pay his dues to the creditors. It was also asserted that the landlord, on enquiry, came to know that the tenant had been living in Arunachal Pradesh and accordingly prayed before the CJM ^ for a direction on the Officer In-charge, Sibsagar Police Station, to open the lock of the premises, take stock of the materials on making inventory and thereafter to hand over possession of the room to the landlord. The CJM passed an order directing the Officer In-charge, Sibsagar Police Station to register a case, investigate into the matter and to submit a report at an early date. The Sub Inspector of Police, Shri NC Bora, Officer In-charge of the Sibsagar Police Station submitted a report on 14.12.94 wherein he mentioned that the petitioner was occupying the premises in question as a tenant under the landlord. The tenant occupied the said premises on an arrangement to pay Rs. 1,000/- per month about three years back. That the tenant left for Arunachal Pradesh 'for his own purpose'. In the report, the Officer In-charge indicated that he visited the place of occurrence and on his visiting the place of occurrence, he found that "some unknown articles were kept inside the room which is suspected to be illegal article. The room is situated around some other businessman establishment. Some bad smell is coming out from the room which causes pollution and it may hamper the other public." The Sub Inspector of Police, OC Bora, by his report informed the CJM that though he was directed to register a case, it was difficult for him to e put the proper section of law without verifying the articles kept inside the room. On receipt of the report, the CJM directed the police to 'investigate the matter'. The Officer In-charge was authorised to break open the lock by the CJM. On the basis of