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(3)
If the place mentioned in sub-section (1) is a dwelling house of any
person, the Inspector shall not enter that place without the consent of the person in
charge thereof; however such consent shall not be necessary in the following cases:(a)
if an warrant has been issued by a Magistrate under sub-section (4);
or
(b)
if special circumstances exist wherein procurement of warrant is
not practicable.
Explanation : For the purposes of this sub-section, any circumstances shall be deemed
to be special circumstances, if the act of procuring the warrant is likely to endanger the
security of life, property or evidence of an offence or to allow the destruction or
removal of any evidence of an offence.
(4)
If, from the report of an Inspector, or from an information furnished by
any other person alongwith a verified statement asto the truth thereof, it appears to the
Magistrate that(a)
for the purpose of performing the functions and responsibilities of
the Inspector under this Act, entry to a dwelling house is necessary;
and
(b)
consent to the said entry has been refused or that there are
reasonable grounds to believe that such consent will be refused ,
then a Magistrate of the first class or a Metropolitan Magistrate for a metropolitan area
may, on the application of the concerned Inspector, issue a warrant authorising the
Inspector to enter into that house and, in a proper case, to apply force, and the
Magistrate shall mention the name of the Inspector in such warrant and may, if he
considers appropriate, specify any condition therein.
(5)
In executing an entry to a dwelling house authorised under sub-section (4),
the Inspector shall not apply force, unless he is accompanied by police force.
(6)
Where an Inspector enters any place, the occupier or the person in charge
thereof shall render all reasonable assistance to, and furnish all information required by,
the Inspector so that he can perform his duties under this Act.
(7)
No person shall, during the time an Inspector carries on his duties under
this Act(a)
resist the Inspector or wilfully create any obstruction; or
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