Section 5. Powers to enter and search
(1) Subject to such rules as may be prescribed, any Gazetted Officer authorised by the State Government may, within the local limits of the area for which he is so authorised,--
(a) enter and search at all reasonable times, with such assistance, if any, as he considers necessary, any place in which he has reason to believe that an offence under this Act has been or is being committed;
(b) seize any advertisement or any book, pamphlet, paper, slide film, writing, drawing, painting, photograph, representation or figure which he has reason to believe contravenes any of the provisions of this Act;
(c) examine any record, register, document or any other material object found in any place mentioned in clause (a) and seize the same if he has reason to believe that it may furnish evidence of the commission of an offence punishable under this Act:
Provided that no entry under this sub-section shall be made into a private dwelling house without a warrant:
Provided further that the power of seizure under this sub-section may be exercised in respect of any document, article or thing which contains any such advertisement, including the contents, if any, of such document, article or thing, if the advertisement cannot be separated by reason of its being embossed or otherwise from such document, article or thing without affecting the integrity, utility or saleable value thereof.
(2) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as may be, apply to any search or seizure under this Act as they apply to any search or seizure made under the authority of a warrant issued under section 94 of the said Code.
(3) Where any person seizes anything under clause (b) or clause (c) of sub-section (1), he shall, as soon as may be, inform the nearest Magistrate and take his orders as to the custody thereof.
Judgements applying section 5
Anticipatory bail rejected; CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. 6551 of 2025; Mithlesh Kumar v. State of U.P.; High Court of Judicature at Allahabad; order dated 14.8.2025; Dr. Gautam Chowdhary, J.; Case Crime No. 78 of 2024; Police Station Nawabganj, District Prayagraj; Sections 306 IPC;
COURT OF JUDICATURE AT MADRAS DATED : 07.10.2021 CORAM THE HONOURABLE
AllowedOpenCOURT OF JUDICATURE AT MADRAS Dated : 15.02.2021 CORAM : THE HON'BLE MR.
AllowedOpenIN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.164 OF 2019 Kumar Balbahadur Pradhan & Ors. .. Applicants Vs. State of Maharashtra .. Respondent --- Mr.Sachin H. Deokar for the applicants. Smt.A
AllowedOpenHIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09 TH DAY OF DECEMBER 2016 BEFORE THE HON’BLE MR. JUSTICE ANAND BYRAREDDY CRIMINAL PETITION No.6265 OF 2016 BETWEEN: 1. Rahul P.S., Son of Pashupal, Aged about 29 years, No.15, Ragi Bhavan
AllowedOpenCOURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF JUNE TWO THOUSAND AND FIFTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PE
DismissedOpen
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COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31667 of 2014 Arising Out of PS.Case No. -144 Year- 2014 Thana -ARWAL District- JEHANABAD ====================================================== Hema Devi, wife of Chotu Kumar @ Chotu V
AllowedOpenCOURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE P.D.RAJAN THURSDAY, THE 29TH DAY OF MAY 2014/8TH JYAISHTA, 1936 CRL.MC.NO. 3964 OF 2012 () --------------------------- CC. NO.250/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT
AllowedOpenHIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD FRIDAY, THE ELEVENTH DAY OF OCTOBER, TWO THOUSAND AND THIRTEEN : PRESENT: THE HON’BLE SRI JUSTICE: R.KANTHA RAO CRIMINAL PETITION No.11793 of 2013 Between: Tammireddi Veera Venkata Sat
AllowedOpenCOURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN FRIDAY, THE 22ND DAY OF MARCH 2013/1ST CHAITHRA 1935 Bail Appl..No. 1880 of 2013 () ------------------------------- CRIME NO. 590/2012 OF CHEVAYUR POLICE STATION,
AllowedOpen