102. Persons in charge of closed place to allow search.__(1) Whenever any place liable to
search or inspection under this chapter is closed, any person residing in, or being incharge of such
place shall, on demand of the officer or other person executing the warrant, and on production of
the warrant, allow him free ingress thereto, and afford all reasonable facilities for a search therein.
(2) If ingress into such place cannot be so obtained, the officer or other person executing the
warrant may proceed in manner provided by section 48.
(3) Where any person in or about such place is reasonably suspected of concealing about his
person any article for which search should be made, such person may be searched. If such person
is a woman, the directions of section 52 shall be observed.
103. Search to be made in presence of witnesses.__(1) Before making a search under this
Chapter, the officer or other person about to make it shall call upon two or more respectable
inhabitants of the locality in which the place to be searched is situate to attend and witness the
search 1[and may issue an order in writing to them or any of them so to do].
(2) The search shall be made in their presence, and a list of all things seized in the course of
such search and of the places in which they are respectively found shall be prepared by such officer
or other person and signed by such witnesses; but no person witnessing a search under this section
shall be required to attend the Court as a witness of the search unless specially summoned by it.
(3) Occupant of place searched may attend. The occupant of the place searched, or some
person in his behalf, shall, in every instance, be permitted to attend during the search, and a copy of
the list prepared under this section, signed by the said witnesses, shall be delivered to such occupant
or person at his request.
(4) When any person is searched under section 102, subsection (3), a list of all things taken
possession of shall be prepared, and a copy thereof shall be delivered to such person at his request.
2[(5) Any person who, without reasonable cause, refuses or neglects to attend and witness a
search under this section, when called upon to do so by an order in writing delivered or tendered to
him, shall be deemed to have committed an offence under section 187 of the Pakistan Penal Code
(XLV of 1860).]
1 Ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s.14.
2 Subsection (5) ins. ibid.
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