(ii) 93 does not expressly confer the

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(ii) Under S. 93, a search warrant can be issued on the failure of a person to produce articles on summons, whereas S. 94 contemplates a surprise search for recovery of articles.

(iii) S. 93 does not expressly confer the power to seize and take possession of the document or thing in question, whereas S. 94 expressly vests such power in the Police Officer acting under a search warrant. (iv) A search warrant under S. 93 can be issued to any person; the right under S. 94 is exercisable only by a Police Officer above the rank of a constable.

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(v) S. 93 contemplates the existence of a judicial proceeding, but S. 94 does not require a criminal proceeding as a condition precedent to the issue of a search warrant. S. 95 then provides that if any newspaper, book or document appears to the State Government to contain any matter, the publication of which is punishable under S. 124A or S.

153A or S. 153B or S. 292 or S. 293 or S. 295A of the Indian Penal Code, the State Government may, by Notification, declare every copy of that issue or book to be forfeited to the Government, and thereupon, any Police Officer can seize the same anywhere in India, and any Magistrate can, by warrant, authorise any Police Officer (not below the rank of a Sub-Inspector) to enter upon any premises where any copy of such issue or book may be, or may be reasonably suspected to be, and search for the same.

Any person having any interest in such newspaper, book or document can apply to the High Court to set aside such declaration. However, such an application must be made within two months from the date of publication of such declaration in the Official Gazette. Such an application must be heard by a Bench of at least three Judges of the High Court, and if a High Court consists of less than three Judges, then a Bench composed of all the Judges of that High Court.

After a proper hearing, the High Court may set aside the declaration of forfeiture. (S. 96)


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