FIRST LAW

The Indian Penal Code, 1860 - Section 120B, 406 and 420 - The Code of Criminal Procedure, 1973 - Section 93 - When search-warrant may be issued - When the law requires the sanction of Magistrate before the issue of a search warrant, it means that the Magistrate should apply its mind to the facts. This fact should be discernible from the order passed. It can be argued that the provision does not contemplate recording of detailed reasons prior to the issuance of an order in view of the urgency of the situation. However, in a case of instant nature, wherein allegations are levelled against the officer bearers of a club for wrongly inducting a member against the provisions of the bye-laws, the learned Magistrate ought to have applied her mind and should have formed an opinion upon the materials placed before her. The "reasons to believe" which weighed in the mind of the Court to take such a drastic step should have been reflected in the order.