Write a short note on the search warrant and production warrant

Question: Write a short note on the search warrant and production warrant. [DJS 2008]

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Answer

A Search Warrant is a court order that a magistrate, judge, or Court official issues to authorize law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate any evidence they find.

In the following circumstances and conditions, a search warrant is issued by a court:

(1) Where a court has reason to believe that a person to whom summons or orders under Section 91 and a requisition under Section 92(1) is addressed will not produce the things or documents as required. [Section 93(1)(a)]

(2) Where the thing or document in question is not known to the court to be in the possession of any person. [Section 93(1)(b)]

(3) Where the court considers that the purposes of any inquiry, trial, or other proceedings will be served by general search or inspection. [Section 93(1)(c)]

(4) Any Magistrate other than a District Magistrate or Chief Judicial Magistrate is authorized to grant a warrant to search for documents.

In the case of V. S. Kuttan Pillai v. Ramakrishnan, 1980 SCR (1) 673, the constitutional validity of search warrants was upheld, wherein it was opined that a search of the premises occupied by the accused does not by any means results in compelling him to give evidence against himself and hence was not violative of Article 20(3) of the Constitution of India.

Section 94 of CrPC contains provisions relating to the search of places suspected to contain stolen property, forged documents, or any objectionable articles.

Before issuing a search warrant under Section 94, the Magistrate must satisfy that there is some allegation or information which is sufficient to draw an inference that a particular place is used for the deposit of the stolen property or forging the documents or manufacturing of counterfeit coins, false seals, etc.

He has also to record the grounds on this belief. The order must show that the application of the mind of the Magistrate before ordering the search of the place.

The High Court of Andhra Pradesh has observed in Dinesh Auto Finance v. State 1988 CriLJ 1876, that a search warrant under Section 94 can be issued only by District Magistrate, Sub- Divisional Magistrate, or a Magistrate of the First Class and the person authorized to search must be a police officer above the rank of a constable.

Also, before issuing the warrant, the Magistrate concerned must have reason to believe that the place is used for deposit or sale of stolen property or forged documents, etc.

Section 267 of the CrPC deals with the issuance of a production warrant by the court.

This section states that during the course of an inquiry, trial, or other proceedings under this Code, if it appears to a Criminal Court, that a person confined or detained in a prison should be brought before the Court for responding to a charge of an offence, or for the purpose of any proceedings against him, or for it is essential to meet the ends of justice to examine such person as a witness, the Court may make an order requiring the officer in charge of the prison to produce such person before the Court for answering to the charge or for the purpose of such proceeding or as the case may be, for giving evidence.

The explanation to this section empowers the Courts to direct the Officer in charge to bring forth a detenue before it if the Court believes that it is prudent to do so for several reasons such as answering to a charge of an offence or for the purpose of conducting any proceedings against him or to examine him as a witness to meet the interests of justice.

In the case of Harshad S. Mehta v. CBI 1992 (24) DRJ 392, the issue before the court was whether, for the sake of interrogation in connection with the investigation, the prosecuting agency can invoke the provisions of Section 267 Criminal Procedure Code.

The Delhi High Court answer the question negatively and stated that The provisions of Section 267 Criminal Procedure Code. can only be invoked in case proceedings are pending in Court pertaining to Inquiry or trial. The investigation is neither Inquiry nor trial.

Further, this provision helps in aid to the Criminal Court for summoning the accused from another jail for the purpose of answering a charge in Inquiry or trial; and to appear as a witness or for giving evidence. The intention of the legislature was not to allow the investigating agencies to use this provision for the purpose of summoning the accused from another jail in order to answer a charge in the investigation.

That is why the word investigation has been omitted in this Section. The provision of Section 267 Criminal Procedure Code cannot be invoked in order to facilitate the investigating agency to make a formal arrest.

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