Home Acts & Rules SEBI Old-Provisions Securities And Exchange Board of India (Procedure For Search And Seizure) Regulations, 2014 Chapters List Chapter III PROCEDURE RELATING TO SEARCH AND SEIZURE This
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Regulation 9 - Search of vessel, vehicle or aircraft - Securities And Exchange Board of India (Procedure For Search And Seizure) Regulations, 2014Extract Search of vessel, vehicle or aircraft. 9. (1) The authorised officer on production of the warrant of authority to any person in charge of vessel, vehicle or aircraft, authorised to be searched, shall have the free ingress to vessel, vehicle or aircraft for the purpose of execution of warrant of authority. (2) If ingress into any vessel, vehicle or aircraft authorised to be searched cannot be obtained because such vessel, vehicle or aircraft is moving or for any other reason, it shall be lawful for the authorised officer executing the warrant of authority, to require the person for the time being in control of the vehicle, vessel or aircraft to stop any such vessel or vehicle or, in the case of an aircraft, compel it to stop or land, and when stopped to refrain from moving it, or if the vehicle, vessel or aircraft is already stationary, to refrain from moving it, and search any part of the vessel, vehicle or aircraft. (3) The authorised officer shall have authority, in order to effect an entrance into such vessel, vehicle or aircraft, to break open any outer or inner door or window of any such vessel, vehicle or aircraft, if after notification of his authority and purpose and demand of admittance duly made, he cannot otherwise obtain admittance: Provided that if any such vessel, vehicle or aircraft is occupied by a woman, who according to custom does not appear in public, the authorised officer shall, before entering such vessel, vehicle or aircraft, give notice to such woman that she is at liberty to withdraw and shall afford her every reasonable facility for withdrawing. (4) The authorised officer may require any person who is the owner, or has the immediate possession, or control, of any box, locker, safe, or any other receptacle situate in such vessel, vehicle or aircraft, to open the same and allow access to inspect or examine its contents, and where the keys thereof are not available or where such person fails to comply with any such requirement, may cause any action to be taken including the breaking open of such box, locker, safe or other receptacle which the authorised officer may deem necessary for carrying out all or any of the purposes specified in the warrant of authority. (5) Where the search relates to a vehicle and the place where the authorised officer finds the vehicle is in the opinion of the authorised officer unsuitable for the search, it shall be lawful for the authorised officer to require the person for the time being in control of the vehicle forthwith to take the vehicle or cause it to be taken to a place which the authorised officer considers suitable for the search and which he specifies and require the person for the time being in control of such vehicle, to be in or on or to accompany the vehicle. (6) The authorised officer may require any person for the time being in control of the vehicle, vessel or aircraft, pending the commencement of the search, not to remove from the vehicle, vessel or aircraft, any article or other thing. (7) The authorised officer may requisition the services of any police officer or of any officer of the Central Government, or State Government or all of them, to assist him for all or any of the purposes specified in Warrant of Authority. (8) The authorised officer may search, with such assistance, the vessel, vehicle or aircraft authorized to be searched, where such information or documents are expected or believed to be kept.
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