ORDER :

CHANDRA PRAKASH SHRIMALI, J.

1. Rakesh Kumar Meena Vs State of Rajasthan & Other connected matters S.B. Criminal Miscellaneous (Petition)No. 6395/2022; Order dated: 07.03.2025

2. Surinder Kumar & Ors. Vs State of Pb and others, CRM-M-5292-2024; Order dated 05.02.2024

3. Lalita Kumari Vs Govt. of U.P and ors, [2013] 14 SCR 713; Order dated; 12.11.2013

4. Vihaan Kumar Vs State of Haryana & Anr, 2025 INSC 162; Order dated; 07.02.2025

5. Sashikant Joshi Vs State of Rajasthan & ors; S.B. Criminal Writ Petition No. 565/2022; Order dated; 04.07.2023

6. Hukam Chand Shyam Lal Vs UOI & Ors; (1976) 2 SCC 128; Order dated; 17.12.1975

7. People's Union of Civil Liberties (PUCL) Vs Union of India (UOI) & Ors; MANU/SC/0149/1997; Order dated; 18.12.1996

8. Justice K.S. Puttaswamy (RETD.) and Anr. Vs Union of India & Ors; [2017] 10 S.C.R. 569; Order dated; 24.08.2017

9. Anuradha Bhasin Vs Union of India and other connected matters; WRIT PETITION (CIVIL) No. 1031 OF 2019; Order dated; 10.01.2020

10. Central Bureau of Investigation Vs K.L.D. Nagasree & ors; Petition(s) for Special Leave to Appeal (Crl.) No.(s). 5584/2025; Order dated; 15.04.2025

11. Government of India Rep. by the Secretary Vs K.L.D. Nagasree & Ors. and other connected matters; 2023 SCC OnLine AP 1834; Order dated; 20.07.2023

12. Vinit Kumar Vs Central Bureau of Investigation & Ors; Writ Petition No. 2637 OF 2019; Order dated 22.10.2019 (Bombay High Court)

13. P. Kishore Vs The Secretary to the Govt. of India, Ministry of Home Affairs & Ors; W.P. No. 143 of 2018; Order dated; 02.07.2025

14. K.P. Tamilmaran Vs The Secretary by Deputy Superintendent Of Police; 2025 Live Law (SC) 493; Order dated; 28.04.2025

15. Ashak Hussain Allah Detha @ Siddique and another Vs The Assistant Collector of Customs (P) Bombay and another; 1990 SCC OnLine Bom 3; Order dated; 09.01.1990

16. Directorate of Enforcement Vs Subhash Sharma;2025 SCC OnLine SC 240; Order dated; 21.01.2025

17. Hanumant Jagganath Nazirkar Vs State of Maharashtra [Through PI of Baramati Taluka Police Station]; 2025 SCC OnLine Bom 2508; Order dated; 27.06.2025

18. Pradeep Nirankarnath Sharma Vs State of Gujarat & Ors; 2025 INSC 350; Order dated; 17.03.2025

19. Directorate of Enforcement Vs Deepak Mahajan & Anr;[1994] 1 S.C.R; Order dated; 31.01.1994

165. Search by police officer

Whenever an officer-in-charge of a police station or a police officer making an investigation has reasonable grounds for believing that anything necessary for the purpose of an investigation into any offence which he is authorised to investigate may be found in any place within the limits of the police station of which he is incharge, or to which he is attached, and that such thing cannot in his opinion be otherwise obtained without undue delay, such officer may, after recording in writing the grounds of his belief and specifying in such writing, so far as possible, the thing for which search is to be made, search, or cause search to be made, for such thing in any place within the limits of such station.

2) A police officer proceeding under sub-section (1), shall, if practicable, conduct the search in person.

3) If he is unable to conduct the search in person, and there is no other person competent to make the search present at the time, he may, after recording in writing his reasons for so doing, require any officer subordinate to him to make the search, and he shall deliver to such subordinate officer an order in writing, specifying the place to be searched, and so far as possible, the thing for which search is to be made; and such subordinate officer may thereupon search for such thing in such place.

4) The provisions of this Code as to search-warrants and the general provisions as to searches contained in section 100 shall, so far as may be, apply to a search made under this section.

5) Copies of any record made under sub-section (1) or sub-section (3) shall forthwith be sent to the nearest Magistrate empowered to take cognizance of the offence, and the owner or occup