Searches and Seizures - Central Bureau of Investigation
Searches and Seizures - Central Bureau of Investigation
Searches and Seizures - Central Bureau of Investigation
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sent through encrypted electronic mail message with digital signatures <strong>of</strong> the Officer(s)concerned. The SsP should exercise due caution against possible leakage. A watch <strong>of</strong>the place to be searched may be kept wherever necessary during the period <strong>of</strong>verification <strong>of</strong> information. It will not be possible to follow this procedure in certainemergent cases where there is evident risk <strong>of</strong> loss <strong>of</strong> evidence due to inherent delays.In such cases, the provisions <strong>of</strong> Section 165 Cr.P.C. may be invoked after completingall necessary legal formalities, including preparation <strong>of</strong> grounds <strong>of</strong> search. <strong>Searches</strong>after dark should be avoided as far as possible. In such cases, it is for the Branch SP topersonally satisfy himself about the need for taking emergent action. However,approval <strong>of</strong> the Competent Authority should be taken as soon as possible.(c) Soon after registration <strong>of</strong> the case, the need for conducting searches should beevaluated <strong>and</strong> the proposal for search should be sent to the Competent Authoritywithout causing undue delay.(d) In case during the course <strong>of</strong> a search/investigation/enquiry, the involvement <strong>of</strong> anOfficer <strong>of</strong> the level <strong>of</strong> Joint Secretary <strong>and</strong> above becomes apparent, theinquiry/investigation against the latter would be initiated only after obtaining permissionu/s 6-A <strong>of</strong> DSPE Act.(e) Members <strong>of</strong> the search party should be fully briefed about their allotted tasks <strong>and</strong> aboutthe do’s <strong>and</strong> don’ts on searches contained in this Manual <strong>and</strong> other instructions issuedfrom time to time, before they set out for actual search.(f) Once a search party reaches the place <strong>of</strong> search <strong>and</strong> starts the proceedings, normallypersons from the house should not be allowed to go out or outsiders allowed to comein. However, in genuine cases like school going children <strong>and</strong> medical emergency etc.the persons may be allowed to go <strong>and</strong> come after proper personal search. If the personwhose house is being searched happens to be out at that time <strong>and</strong> returns during thecourse <strong>of</strong> search, he would, <strong>of</strong> course, be allowed to come in. The search party shouldhave control over all the access points <strong>and</strong> outlets to the house. The search partyshould also take control <strong>of</strong> the telephones.(g) The addresses <strong>and</strong> places to be searched should be verified before taking a decision<strong>and</strong> confirmed before searches are actually launched.(h) Whenever searches are being organized, monitoring <strong>of</strong> the progress by senior Officersinvolved should be done at the Branch. A st<strong>and</strong>-by reserve team along with a vehicleshould also be kept at the Branch/Unit, to move immediately to assist a search party.Whenever required, it could also be utilized if, during a search, necessity <strong>of</strong> searchingother premises arises.(i) As far as possible, searches should be completed in one stretch. In case, search is tocontinue, after a break, on the next day due to any reason, the premises should beproperly sealed in the presence <strong>of</strong> witnesses <strong>and</strong> unsealed again in their presence.Adequate guarding/ security arrangement should be ensured for this period.(j) In cases, such as those <strong>of</strong> disproportionate assets, searches could be held not only atthe residence <strong>and</strong> <strong>of</strong>fice <strong>of</strong> the suspect Officer, but also at the place <strong>of</strong> his closerelation, friends <strong>and</strong> Chartered Accountants etc., who very <strong>of</strong>ten are entrusted withincriminating documents. Such an assessment will have to be made prior to theregistration <strong>of</strong> the case. In cases <strong>of</strong> disproportionate assets, a separate inventoryshould be prepared <strong>of</strong> items, which are not seized. The value, preferably as peragreement <strong>of</strong> all concerned, should be indicated against each item. Milometer reading<strong>of</strong> cars <strong>and</strong> scooters should also be shown in the inventory list. A conscious effortshould be made to locate <strong>and</strong> seize the locker keys; which have a typical appearance.The locker concerned should be located quickly <strong>and</strong> sealed for conducting a searchlater on (within a day or two), if immediate search is not possible.(k) <strong>Searches</strong> should not, unless unavoidable, be carried out on the occasion <strong>of</strong>festivals/celebrations or mourning etc. going on in the house concerned.Page 3 <strong>of</strong> 10