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Where a Magistrate, not empowered by law to issue a search warrant for a place suspected to contain stolen property, erroneously issues a search warrant:
the search proceedings shall be void & liable to be set aside
the search proceedings shall not be void & not liable to be set aside
the search proceedings shall be set aside only if challenged by any person aggrieved by the search
either (a) or (c).
- Option 1: The search proceedings shall be void & liable to be set aside.
- If a Magistrate lacking the proper authority issues a search warrant, the proceedings could be considered invalid due to the lack of jurisdiction.
- Option 2: The search proceedings shall not be void & not liable to be set aside.
- This would be the case if the error is not deemed substantial enough to invalidate the proceedings, given the broader context.
- Option 3: The search proceedings shall be set aside only if challenged by any person aggrieved by the search.
- The proceedings could stand unless contested by an affected party, in which case a review or reversal might occur.
- Option 4: Either (1) or (3).
- It's possible for proceedings to be inherently void or challenged by an affected person, allowing either outcome to occur.
The Correct Answer is Option 4: Either (1) or (3).
By: santosh ProfileResourcesReport error
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