Legal Question in Criminal Law in Indiana

criminal law

whether a police officer (head constable) is an empowered offficer under Sec. 41 & 42 of NDPS Act. whether the search and seizure made by him during general raid is legal?


Asked on 10/30/07, 12:01 pm

4 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Re: criminal law

Head Constable is not empowered himself. He can act under supervision of his superior officer.

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Answered on 10/31/07, 1:53 am
G. M. Gupta gmguptaandassociates

Re: criminal law

yes it is legal

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Answered on 11/05/07, 2:18 am

Re: criminal law

S.41& 42 speaks about any officer of gazetted rank of departments of central exicse,narcotics etc but he should be superior in rank of peon,sepoy and constable are authorised to make search etc.Sohead constable can also make search u/s.41 &42 NDPS Actand such raid is legal if other mandatory formalities are complied with.In case of need contact with details.professional charges are applicable.

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Answered on 10/30/07, 12:24 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: criminal law

As mentioned in the NDPS Act the following section i.e. Sec 41 & 42 it allows/authorises head constable to make such and it is a legal raid which must be related to the degree of the case.

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Answered on 10/30/07, 1:11 pm


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