When Magistrate does not issue a search warrant u/S. 105 Cr.P.C. and makes the search in his own presence, such search being a search Chapter VII Cr.P.C. provisions of Sec. 103 Cr.P.C. was applicable to the search. 1993 SCMR 2059, Arshad Zubair.
Search without warrant, held, without lawful authority and hence all subsequent proceedings to be considered non-existent at law. (DB) PLJ 1986 Cr. C. (Pesh.) 518 Muhammad Zubair v. Govt. of Pakistan.
Search warrants under Gambling Ordinance. Police Inspector reporting to S.P. regarding gaming of certain persons in a house but not stating it to be a common gaming house S.P. issuing search warrant without inquiry or applying his mind. Held, warrant issued without inquiry is not valid. PLD 1975 Lah. 589 Sardar Alam etc.
Search of subordinate police officer without warrant or authority under section 165 (3) from superior police officer. Resistance to such search is not illegal. (DB) 45 Cr.LJ 802 Ram Parves v. Emp. 215 Ind. Case. 102.
Search by police. Police not recording in writing in Roznamcha grounds for making search of the house of the accused, held, search intended to be made was without jurisdiction and bad in law. Provisions of section 99, PPC in the circumstances could not be invoked in favour of police raiding party. (DB) PLD 1968 Lah. 1425 Ashiq Din etc.
Search u/S. 165 and 166 Cr.P.C.; copies of the record not sent to the nearest magistrate. Non-compliance with these mandatory provisions and police rules 25.3 and 25.4, held, the investigation was defective and as such no conviction could be made on such investigation. Proceedings quashed as an abuse of the process of Court. u/S. 561-A Cr.P.C. PLJ 1996 Cr.C. (Kar.) 669, Mumtaz Hussain.
Search warrants u/S. 165 Cr.P.C. Police officer is not allowed for detection of commission of zina. PLD 1998 Lah 35, Riaz v. SHO etc.
Search of a house to detect zina is not allowed u/Ss. 10, 13, 14 of Zina (Enforcement of Hudood) Ordinance. Inquiry trial or proceedings under Cr.P.C. must be done for the issuance of warrants for house search. FIR registered in consequence of the search for offences u/Ss. 10, 13, 14 of Zina Hudood Ordnance quashed. PLD 1998 Lah. 35, Riaz v. SHO