Companies Act, 1956
Sec 234A - Seizure
of documents by Registrar.
(1) Where, upon information in his possession
or otherwise, the Registrar has reasonable ground to believe that books and
papers of, or relating to, any company or other body corporate or managing
director or manager of such company or other body corporate, may be destroyed,
mutilated, altered, falsified or secreted, the Registrar may make an
application to the Magistrate of the First Class or, as the case may be, the
Presidency Magistrate having jurisdiction for an order for the seizure of such
books and papers.
(2) After considering the application and
hearing the Registrar, if necessary, the Magistrate may, by order, authorize
the Registrar-
(a) to enter, with such assistance as may be
required the place or places where such books and papers are kept ;
(b) to search that place or those places in
the manner specified in the order ; and
(c) to seize such books and papers as he
considers necessary.
(3) The Registrar shall return the books and
papers seized under this section as soon as may be, and in any case not later
than the thirtieth day, after such seizure, to the company or the other body
corporate or, as the case may be, to the managing director or the manager or
any other person, from whose custody or power they were seized and inform the
Magistrate of such return :
Provided that the Registrar may, before
returning such books and papers as aforesaid, take copies of, or extracts from
them or place identification marks on them or any part thereof or deal with the
same in such other manner as he considers necessary.
(4) Save as otherwise provided in this
section, every search or seizure made under this section shall be carried out
in accordance with the provisions of the Code of Criminal Procedure, 1898
relating to searches or seizures made under that Code.