Question

Which one of the following is correct - The search warrant is issued by

• A. an officer from Home Department to allow his subordinates to search premises
• B. a magistrate or High Court Judge to allow advocates to search premises
• C. a magistrate or High Court Judge to allow police officers to search premises
• D. a magistrate or High Court Judge to allow the petitioners to search premises

Hint:

Remember the Separation of Powers: The Police (Executive) perform the search, but they must get permission from the Judge (Judiciary).

Answer 1

The Correct Option is C

Concept: A search warrant is a judicial document that authorizes law enforcement officials to search a specific location for evidence of a crime. It is a safeguard for the privacy of citizens, ensuring that the police cannot enter a private property without the supervision of the judiciary.

Step 1: Authority to Issue Warrants.
Under the Code of Criminal Procedure (CrPC) — specifically Section 93 — the power to issue a search warrant is vested in the Court (Magistrates or Judges). Executive officers, such as those from the Home Department, do not have the inherent judicial power to issue warrants. $\text{Issuing Authority} = \text{Judicial Magistrate / High Court}$

Step 2: Recipient of the Warrant.
A search warrant is an authorization for police officers (investigating authorities) to carry out the search. It is not issued to private individuals like "advocates" or "petitioners," as they do not have the legal training or the state's mandate to execute such intrusive actions.

Step 3: Conclusion.
The correct procedural flow is: The Police apply for a warrant $\rightarrow$ The Magistrate/Judge reviews the grounds $\rightarrow$ The Magistrate/Judge issues the warrant to the Police. This matches Option (C). Final Answer: Option C