Power of entry and search
Section 26 of the Petroleum Act, 1934 deals with power of entry and search. The [Central Government] may, by notification in the Official Gazette, authorise any officer by name or by virtue of office to enter and search any place where he has reason to believe that any petroleum is being imported, transported, stored, produced, refined or blended otherwise than in accordanc The Act came into force on 30 Mar 1937.
(1) The 1[Central Government] may, by notification in the Official Gazette, authorise any officer by name or by virtue of office to enter and search any place where he has reason to believe that any petroleum is being imported, transported, stored, produced, refined or blended otherwise than in accordance with the provisions of this Act and the rules made thereunder, and to seize, detain or remove any or all of the petroleum in respect of which in his opinion an offence under this Act has been committed.
(2) The provisions of the 2[Code of Criminal Procedure, 1973 (2 of 1974)], relating to searches shall, so far as they are applicable, apply to searches by officers authorised under this section.
(3) The 1[Central Government] may make rules regulating the procedure of authorised officers in the exercise of their powers under this section subject, however, to the provisions of sub-section (2).
Section 26, The Petroleum Act, 1934 (Act 30 of 1934).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Poulos M.O. v. The Controller of Explosives/Deputy Chief Controller of Explosives & Ors.
Court's Decision & Legal Precedent
Kerala HC treated the petitioner’s prayer for search under Petroleum Act s.13 (with Rules) as the statutory inspection pathway and disposed the PIL after PESO showed District Magistrates had been directed to inspect unlicensed storages under the Act/Rules. DATE VERIFIED Final Order 2023-03-17 (order-2.pdf).
On this section: s.26 Power of entry and search — court accepted the s.26/Rules search architecture as the enforcement tool against unauthorised petroleum storage.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 26
What have the courts held on Section 26 of the Petroleum Act?
Poulos M.O. v. The Controller of Explosives/Deputy Chief Controller of Explosives & Ors. (17 Mar 2023) is the leading judgment on this section among those set out below: s.26 Power of entry and search — court accepted the s.26/Rules search architecture as the enforcement tool against unauthorised petroleum storage.
How do I find court cases under Section 26 of the Petroleum Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Petroleum Act 1934 26, section 26 Petroleum Act 1934, section 26 of the Petroleum Act. People searching for it also type petroleum act 26 44 and petroleum resources act no 26 of 2003. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Poulos M.O. v. The Controller of Explosives/Deputy Chief Controller of Explosives & Ors. (17 Mar 2023).
When did Section 26 of the Petroleum Act come into force?
Section 26 of the Petroleum Act, cited as Petroleum Act 1934 26, came into force on 30 Mar 1937, having been enacted on 06 Sep 1934. It is in force as at the date shown on this page.
Other sections of this Act
- 23. General penalty for offences under this Act348 words
- 4. Rules for the import, transport and storage of petroleum317 words
- 21. Power to make rules regarding tests258 words
- 2. Definitions254 words
- 29. Provisions relating to rules227 words
- 9. Exemptions for motor conveyances and stationary engines221 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 22 Oct 2026. This page is not a substitute for legal advice.