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Deeply Hurt (PM)     06 March 2014

Search warrant

Hi

 

My wife has got a search warrant to find certain items which belongs to her, which she alleges to be in my house. I do not have any of her alleged items with me. But I've got a few questions:

  1. I understand the police has got some money from her and threatening me to let her take all her things from the house (like AC Fan Mixie Fridge  etc) We've lived together 4 years - All of it was purchased by me long back at the beginning so can she claim to take it all away? I have all the receipts for most of the items but some are missing (since we never bother to keep it safe expecting such a debacle in future) Can she produce some fake bills and take it away? How can I stop her from doing so? Please clarify
  2. Can I ask the accompanying police to show me the search warrant before letting them inside my house?
  3. Can I take video recording of the entire time while the police search my house? Should I take any special permission for doing so?
  4. Can I limit the police to search only for those specific items mentioned in the search warrant?
  5. Who all should I let inside my house while they search my house? How many persons can enter?

 

Thanks



Learning

 6 Replies

FightForCause (Businessman)     07 March 2014

Hi,

Take care of few things first.

try to install a hiddenweb cam in each room and record the event.

Do not let all members of police to wander at ur house...each member of police should be acompanied by some of ur family member, u dont know what they will plant( only if they have taken money/influence of other person ).

Police can only take the materials mentioned in searc h warrant nothing except that.

T. Kalaiselvan, Advocate (Advocate)     07 March 2014

  1. I understand the police has got some money from her and threatening me to let her take all her things from the house (like AC Fan Mixie Fridge  etc) We've lived together 4 years - All of it was purchased by me long back at the beginning so can she claim to take it all away? I have all the receipts for most of the items but some are missing (since we never bother to keep it safe expecting such a debacle in future) Can she produce some fake bills and take it away? How can I stop her from doing so? Please clarify

            She cannot lay her hand on all those items he finger points at.  If at all the items pointed out by her belongs to her, she can take them back only through the court, the police after verifying from the list submitted by her and with the descripttion, if found matched with the physical presence of the item, they may seize them to be produced before the court for further action.  If you too claim the ownership, prove it with the evidence in your possession.

  1. Can I ask the accompanying police to show me the search warrant before letting them inside my house?

           Yes you have got rights to ask them, keep an advocate with you.

  1. Can I take video recording of the entire time while the police search my house? Should I take any special permission for doing so?

            If you feel it to be safe, you can do it, alternately call the press people to cover the issue, which will automatically take care of necessary safety issues.

  1. Can I limit the police to search only for those specific items mentioned in the search warrant?

            Yes, you ca do that.

  1. Who all should I let inside my house while they search my house? How many persons can enter?

 

           The police team with search party.

Deeply Hurt (PM)     09 March 2014

A tragedy has occured. While I was out of station they've come along with police and some rowdy elements and broke open my house without my knowledge or consent and taken away everything - literally all my valuables and various belongings which has been bought by me! I came to know about this as it was going on and my advocate called them but they have said they got court orders and they can do whatever they want.


Does the court allow this? Can they break open my house and take away literally everything - that too in my absence? I just can't believe it -  is Indian law so pathetic that police can boldly do this in broad daylight just because the other party has political clout???

What course of action can I take? Please advice


Thanks

Advocate Ravinder (Advocate/Attorney)     09 March 2014

They cannot break open the door in your absence.  For breaking open the doors, they have to obtain the permission of the court. You can complain before the Police Commissioner. if there is no response file a writ petition.

Advocate Ravinder (Advocate/Attorney)     09 March 2014

They cannot break open the door in your absence.  For breaking open the doors, they have to obtain the permission of the court. You can complain before the Police Commissioner. if there is no response file a writ petition.

Deeply Hurt (PM)     10 March 2014

Thanks Ravinder for your suggestion. They've already broke open the door and entered into my house forcibly in my absence and also taken everything from the house in a truck!

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