CHAPTER IX
POWERS AND DUTIES OF OFFICERS AND PROCEDURE
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V
of 1898. Magistrate’s power to impose enhanced penalties. |
1[115. Notwithstanding
anything contained in section 32 of the Code of Criminal Procedure, 1898*, it
shall be lawful for any Presidency Magistrate or any Magistrate of the First
Class to pass any sentence authorized by ibis Act in excess of his powers
under section 32 of the said Code, provided that the fine shall not exceed
three thousand rupees.] |
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V of 1898. Procedure to be followed by Magistrates. |
116. In all trials for offences under this Act, the Magistrate shall
follow the procedure prescribed in the Code of Criminal Procedure, 1898* for
the trial of summary cases in which an appeal lies. |
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Tender of
pardon to accomplice. . |
2[116A. (1)
Whenever two or more persons are prosecuted for an offence under tins Act, a
Presidency Magistrate or any Magistrate of the First Class may, at any stage
of the investigation or inquiry into or the trial of offence, with a view to
obtaining the evidence of any person supposed to have been directly or
indirectly concerned in, or privy to the Offence, lender a pardon to such
person on condition of his making a lull and true disclosure of all facts
within his knowledge relative to the offence(2) Every Magistrate, who tenders
a pardon under sub-section (1), snail record his reasons for so doing. (3) Every person, accepting a tender under this section, shall be
examined as a witness in the Court of the Magistrate Hiking cognizance of the
offence, and, in the subsequent trial, if any. |
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V of 1898. V of 1889. |
sections 339
and 339A of the Code of Criminal Procedure* 1898, shall apply to the trial of
a person to whom pardon has been tendered under ibis section as they apply to
a person to whom pardon has been tendered under section 337 or section 338 of
that Code. (4) The
provisions of Explanation. - For
the purposes of sub-section (4), the reference to the Public Prosecutor in
section 339 of the said Code shall include a reference to any officer
conducting a prosecution under this Act.] |
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Investigations, arrests searches, etc. how to be made |
117. Save as otherwise expressly provided in this Act, all
investigations, arrests, detentions in custody and searches shall be made in
accordance with provisions of the Code of Criminal Procedure. 1898* : |
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Provided that 3*
* * no search shall be deemed to be illegal by reason only
of the fact that witnesses for the search were not inhabitants of the
locality in which the place searched is situated. |
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1. This
section was substituted for the original by Bom. 22 of 1960, s. 76. 2. This section
was inserted, ibid., s.. 77. 3. The
portion beginning with the Words "in any local area" and ending
with the words "State Government" was deleted by Bom. 26 of 1952.
s. 46. * See now the Code of Criminal Procedure, 1973 (2 of 1974). |
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V
of JX98. procedure code of Criminal Procedure relating cognizable offence to
apply. |
2[118. In the absence of any provision to the contrary in this Act,
the Procedure or of the Code of Criminal Procedure, 1898* with respect to
cognizable offences shall apply to offences under this Act. |
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Certain
offences be non-bailable. |
119. Offences under sections 65, 67, 67-1A, 67C,
68, 70, 72 and 83 shall be non-bailable.] |
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Power
of entry and inspection |
3[120. The 4[Commissioner], Collector or any Prohibition
Officer duty empowered in this behalf by the State Government, or any Police
Officer may- (a) enter at any time by day or by night, any warehouse,
godowns; shop, premises, house, building, vessel, vehicle or enclosed place
in which he has reason to believe that any intoxicant, hemp, mhowra flowers,
molasses, material or article liable to confiscation under this Act is
manufactured, kept or concealed or that any still, utensil, implement or
apparatus is used, kept, or concealed for the purpose of manufacturing any
intoxicant contrary to the previsions of this Act; (b) in case of resistance break open any door and
remove any other obstacle to the entry into any such warehouse, godown, shop,
premises, house/building, vessel, vehicle or enclosed place; (c) seize any intoxicant, hemp, mhowra
flowers, or molasses and any material used in the manufacture of any
intoxicant and any still, utensil, implement, or apparatus and any other
thing which he has reason to believe to be liable to confiscation under this
Act and any document or other article which he has reason to believe may
furnish evidence of the commission of any offence under this Act; and (d) detain and search and if the thinks proper
arrest any person who he has reason to believe to be guilty of any offence
under this Act.] |
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Power
to open packages, etc |
121. (1) Any Prohibition
Officer duly empowered in this behalf by the 5[State] Government
or any Police Officer may open any package and examine any goods and may 6[stop
and search] for any intoxicant, hemp, mhowra flowers, or molasses, any
vessel, vehicle or other means of conveyance 1[and may seize any
intoxicant, hemp, mhowra flowers, molasses or any other thing liable to
confiscation or forfeiture under this Act or any other law for the time being
in force relating to excise revenue found while making such search.] |
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1. These words were added by Bom. 26 of 1952 s. 47 2. These sections were substituted for the original by Bom. 22 of
1960, s. 78. 3. This section was substituted for the original, ibid., s.
79. 4. This word was substituted for the word "Director" by
Mah. 52 of 1973, s. 3 Sch. 5. This word was substituted for the word "Provincial" by
the Adaptation of Laws Order, 1950. 6. These words were subs muted for the words "stop or
search" by Bom. 22 of 1960, s. 80(a). |
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(2) The unloading
and carrying of goods. Live bringing of them to the place appointed under
sub-section (3) for examination, the opening and repacking of them, where
such operations 2[are necessary for searches made] under this
section and the removing of goods to and placing of them in the place
appointed under sub-section (3) 3[for examination or deposit],
shall be performed by or at the expense of the owner of such goods. (3) The owner of goods or
the persons-in-charge of the goods shall, if so required by any officer
conducting the search, take the goods 4[to a place appointed in
Greater Bombay by the Commissioner of Police, Bombay and elsewhere, by the District
Magistrate] for the purpose of examination or deposit. 5[(4) The expenses incurred by the State Government for any of
the purposes mentioned in -sub-section (2) may be recovered from the owner,
or as the case may be, the person in-charge, of the goods as arrears of land
revenue.] |
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Power to require production of licences |
6[122. (1) The 7[Commissioner] or Collector or any
Prohibition Officer duly empowered in this behalf by the State Government or
any Police Officer may – (a) require a
licensed manufacturer or vendor or tapper or drawer of toddy or a person in
the employ of such manufacturer or vendor or tapper or drawer of toddy or
acting with his express or implied permission on his behalf to produce the
licence, permit, pass or authorisation issued under this Act under which he
carries on the manufacture, storage or sale of any intoxicant, hemp, mhowra
flowers or molasses or taps toddy-producing trees or draws toddy therefrom; (b) enter and inspect, at
any lime by day or by night, any land on which toddy-producing trees art
growing, whether such trees are licensed for lapping or not, and any
warehouse, godown, shop or premises in which any licensed manufacturer or
vendor manufactures, stores, or sells any intoxicant, hemp, mhowra flowers or
molasses and examine, lest, measure or weigh any stock of any such articles
or cause any such stock to be examined, tested, measured or weighed. (2) If any officer mentioned in sub-.section (1) finds that the
holder of a licence, permit, pass or authorization issued under this Act, or
a person in the employ of such holder or acting with his express or implied
permission on his behalf wilfully does or omits to do anything, which is an
offence under this Act, such officer may seize any intoxicant, hemp. |
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2. These words were; substituted for words "are necessary to
be made" by Bom. 22 of 1960,s.80(b) (i) 3. These words were substituted for !he words "for
deposit" ibid., s. 80 (b) (ii) 4. These words were substituted for the words "in a place
appointed by the District Magistrate, or the Commissioner of Police, 5. This sub-section was substituted for the original, ibid., s. 80
(d). 6. This section was substituted for the original, ibid-, s. 81. 7. This word was substituted for the word "Director" by
Mah. 52 of 1973, s. 3, Sch. |
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mhowra flowers or molasses or any material or article in respect
of which the offence is commuted and any document or other article which he
has reason to believe may furnish evidence of the commission of an offence
under this Act and send a report to his official superior for such action as
he deems fit.) |
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Arrest
of offenders and seizure of contraband articles. |
123. (1) Any Prohibition
Officer authorized by the 1[State] Government in his behalf of any
Police Officer may - (a) arrest without warrant any person whom he has reason to believe
to be guilty of an offence under this Act; (b) seize and detain any intoxicant, hemp, mhowra flowers
or molasses or other articles which he has reason to believe to be liable to
confiscation or forfeiture under this Act 2[and seize any document
or other article which he has reason to believe may furnish evidence of the
commission of an offence under this Act].
(2) Any Prohibition Officer authorized by the 1[State] Governments under this section who arrests any person
under clause (a), or seizes and detains any article under clause (b), of
sub-section (1) shall forward such person or article, as the case may be,
without unnecessary delay to the officer-in-charge of the nearest Police
Station. |
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Power
to obtain information |
124. (1) The 3[Commissioner]
or Collector or any Prohibition Officer specially empowered in this behalf by
the 1[Suite] Government or a Police Officer may, by order, require
any person to furnish to any specified authority or person any such
information in his possession concerning any intoxicant, hemp, mhowra flowers
or molasses as may be specified in the order. (2) If any person fails to furnish any information in compliance
with the order made under sub-section (1) or furnishes false information, he
shall, on conviction, be punished with imprisonment for a term which may
extend to six months or with fine which may extend to five hundred rupees or
with both. |
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Power
to seize intoxicants, etc. |
125. The 3[Commissioner],
Collector or any Prohibition Officer duly empowered in this behalf or any
Police Officer may - (a) seize in-any open place, or in transit any intoxicant, hemp,
mhowra flowers or molasses or any other thing which he has reason to believe
to be liable to 4[confiscation or forfeiture] under this Act or
any other law for the time being in force relating to excise revenue 5[and
any document or other article which he has reason to believe may furnish
evidence of the commission of an offence under this Act; |
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1. This word was substituted for the word
"Provincial" by the Adaptation of Laws Order, 1950. 2.
Those words were added
by Bom. 22 of 1960. s. 82. 3.
This word was
substituted for the word "Director" by 4.
These words were
substituted for the word "confiscation" by Bom. 22 of 1960, s. 83
(a). 5. These words were added, ibid, s. 83 (a). |
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(b) detain and search
any person whom he has reason to believe to be guilty of any offence against this
Act or any other law for the lime being in force relating to excise revenue,
and if such person has any intoxicant, hemp, mhowra flowers, molasses or 6[other
thing] in his possession, arrest him. |
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Arrest without warrant |
126. The 3[Commissioner],
Collector or any Prohibition Officer duly empowered in his behalf by the 1[State]
Government or any Police Office may arrest without an order from a Magistrate
and without warrant any person who obstructs him in the execution of his
duties under this Act or who has escaped or attempts to escape from custody
in which he has been or is lawfully detained under this Act. |
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Arrest of offenders failing to give names |
127. (1) When any person
who in the presence of the 3[Commissioner], Collector or any
Prohibition Officer not below such rank as the 1[State] Government
may determine, has committed or has been accused of committing an offence
under this Act, refuses on demand of such officer to give his name and
residence or gives a name and residence which such officer has reason
to believe to be false, he may be arrested by such officer, in order that his
name or residence may be ascertained. (2) When the true name and residence of such person have been
ascertained, he shall be released on his executing a bond with or without
sureties, to appear before 2[a Magistrate having jurisdiction]
when so required: Provided that if such person is not resident in 4[ (3) If the true name and residence of such person is not
ascertained within twenty-four hours from the lime of the arrest, or if he
fails to execute the bond, or if so required, to furnish sufficient sureties,
he shall forthwith be forwarded to the nearest Magistrate having
jurisdiction. |
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Issue
of warrants |
128. (1) The 3[Commissioner],
Collector or any Prohibition Officer |
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1. This word was substituted for the word "Provincial" by
the Adaptation of Laws Order 1950. 2. These words were substituted for the words, "a
Magistrate" by Bom. 21 of 1954, s. 3 Second Schedule. 3. This word was substituted for the word "Director" by
Mah. 52 of 1973, s. 3 Sch. 4. This word was substituted for the words "the Dominion of
India" by the Adaptation of Laws Order, 1950. 5. These words were inserted by Bom. 26 of 1952. s. 48(1). 6. These words were substituted for the word' "any other
thing", ibid., s. 83 (b). 7. These words were substituted foe the words "a District
Superintendent of Police," ibid. 8. These words were substituted for the words "a
Superintendent of Police" by Mah. 46 of 1962 s. 3, Sch. |
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(a)for the arrest of any person whom he has reason to believe to
have committed an offence under this Act or any other law relating to the
excise revenue for the time being in force; (b) For the search whether by day or by night of any building,
vehicle or place in which he has reason to believe that any intoxicant, hemp,3*
mhowra flowers or molasses are manufactured or sold or stored or that any
toddy is drawn contrary to the provisions of this Act or that any intoxicant,
hemp, 4[mhowra flowers, molasses) or other thing liable to
confiscation or forfeiture, under this Act or any other law for the time
being in force relating to the excise revenue is kept or concealed 5[and
for the seizure of such intoxicant, temp, 3mhowra flowers,
molasses or such other thing (bund in such building, vehicle or place]. |
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V
of 1898. |
(2) All warrants issued under sub-section (1) shall be executed
in accordance with the provisions of the Code of Criminal Procedure, 1898, †
, by a Police Officer or a Prohibition Officer duly empowered in this behalf
or if (he officer issuing the warrant deems fit, by any other person. |
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Certain
provisions to apply to denatured spirituous preparations |
1[128A. The provisions of sections, 80, 98, 99, 103 (1), 104, 120, 121,
122, 123. 124, 125, 128, 135 and 139 shall apply to denatured spirituous
preparations as they apply to any intoxicant under this Act.] |
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Prohibition
officers may be empowered to investigate offences |
129. (1) The 2[State]
Government may empower any Prohibition Officers officer to investigate
offences under this Act. |
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V
of 1898. |
(2) An officer empowered under sub-section (1) shall in the conduct
of such investigation exercise the powers conferred by the Code of Criminal
Procedure, "1898, † upon an officer-in-charge of a Police Station for
the investigation of cognizable offences. (3) Any Prohibition Officer, to whom such officer is subordinate
may, during the course of the investigation, take over the investigation
himself or direct any other Prohibition Officer duly empowered to conduct the
same. The officer in conducting the investigation shall have the same powers
under sub-section (1) and (2) as if he were the Prohibition Officer appointed
for the area of for the purpose of investigating the said offence. (4) If the Prohibition Officer conducting the investigation is of
opinion that there is no sufficient evidence or reasonable ground of
suspicious to justify the forwarding of the accused to a Magistrate, or that
the person arrested may be discharged with a warning, such officer shall |
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1.
Section 128A was substituted for the original
by Bom. 22 of 1960 s. 85. 2. This word was substituted for the word "Provincial" by
the Adaptation of Laws Order, 1950. 3. The word "opium" was deleted by Bom. 22 of 1960, s.
84. 4.
These words were substituted for the words
"or opium" ibid., s. 8 5.
These words were inserted by Bom. 26 of 1952,
s. 48(2). † See now the Code of Criminal
Procedure, 1973 (2 of 1974). |
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release him on his executing
a bond with or without sureties, to appear, if and when so required, before a
Magistrate empowered to take cognizance of the offence and shall make a full
report of the case to his official superior and be guided by the order which
he shall receive on such report. (5) The powers of any officer empowered under this section shall
be subject to such other modifications or restrictions as the 1[State]
Government may deem fit. |
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Power to require persons to submit to medical examination, etc. |
2[129A. (1) Where in the investigation of any offence under this Act,
any Prohibition Officer duly empowered in this behalf by the State persons to
Government or any Police Officer, has reasonable ground for believing that
submit a person has consumed an intoxicant and that for the purpose
of establishing that he has consumed an intoxicant or for the procuring
of evidence thereof it is necessary that his body be medically examined, or
that his blood be collected for being tested for determining the percentage
of alcohol therein, such Prohibition Officer or Police Officer may produce
such person before a registered medical practitioner (authorised by general
or special order by the Suite Government in this behalf) for the purpose of
such medical examination or collection of blood, and request such registered
medical practitioner to furnish a certificate on his finding whether such
person has consumed any intoxicant and to forward the blood collected by him
for test to the Chemical Examiner or Assistant Chemical Examiner to
Government, or to such other Officer as the State Government may appoint in
this behalf. (2) The registered medical practitioner before whom such person
has been produced shall examine such person and collect and the forward in
the manner prescribed the blood of such person, and furnish to the Officer by
whom such person has been produced, a certificate in the prescribed form
containing the result of his examination. The Chemical Examiner or Assistant Chemical Examiner or
Assistant Chemical Examiner to Government, or other Officer appointed under
sub-section (1) shall certify the result of the test of the blood, forwarded
to him, stating therein in the prescribed form, the percentage of alcohol,
and such other particulars as may be necessary or relevant. (3) If any person offers resistance to his production before a
registered medical practitioner under sub-section (1) or on his production
before such practitioner to the examination of his body or to the collection
of his blood, it shall be lawful to use all means reasonably necessary to
secure the production of such person or the examination of his body or the
collection of blood necessary for the test. |
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1. This
word was substituted for the word "Provincial" by the Adaptation of
Laws Order, 1950. 2. Sections 129A and 129B were inserted by Bom. 12
of 1959, s. 36. |
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(4)
If the person produced is a female, such examination shall be carried out by,
and the blood shall be collected by or under the supervision of, a female
registered medical practitioner authorised by general or special order, by
the State Government in this behalf, and any examination of the body, or
collection or blood, of such female shall be carried out or made with strict
regard to decency. |
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XLV
of 1X60. |
(5)
Resistance to production before a registered medical practitioner as
aforesaid, or to the examination of the body under this section or to the collection
of blood as aforesaid, shall be deemed to be an offence under section 186 of
the Indian Penal Code. (6)
Any expenditure incurred for the purpose of enforcing the (7)
If any Prohibition Officer or Police Officer vexatiously and (8)
Nothing in this section shall preclude the fact that the person accused of
offence has consumed an intoxicant from being proved otherwise than in
accordance with the provisions of this section. |
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Documents of
reports of registered medical practitioner, etc. as evidence. |
129B.
Any document purporting to be - (a)
a certificate under the hand of a registered medical practitioner, or the Chemical
Examiner or Assistant Chemical Examiner to Government, under section 129A or
of an officer appointed under sub-section (1) of that section or (b)
a report under the hand of any registered medical practitioner, in any
hospital or dispensary maintained by the State Government or a local
authority or any other registered medical practitioner authorised by the
State Government in this behalf, in respect of any person examined by him or
upon any matter or thing duly submitted to him for examination or analysis
and report, may be used as evidence of the facts stated in such certificate,
or as the case may be, report, in any proceedings under this Act; but the
Court may if it thinks lit, and shall, on the application of the |
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Arrested
person and things seized to be sent to officer-in-charge of Police Station. |
130.
Every person arrested and thing seized by a Prohibition Officer under this
Act, shall be sent to the officer-in-charge of the nearest Police Station
1[or to any oilier officer duly empowered under section 129 if the
2[Commissioner] in any particular case has directed such officer to conduct
the investigation of the offence.] |
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1.
This portion was added by Bom. 22 of 1960, s. 86. 2. This word was substituted
for the word "Director” by Mah. 52 of 1972, s. 3, Sch. |
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V of 1898. Bail by Prohibition Officer. . |
131.
(1) Any Prohibition Officer empowered to
investigate an offence under this Act shall have power to grant bail in
accordance with the provisions of the Code of Criminal Procedure, 1898, † to any
person arrested without a warrant for an offence under this Act |
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V of 1898. |
(2) When any person has
been arrested under section 126, a Prohibition Officer empowered to
investigate offence under this Act shall have power to grant bail in accordance
.with the provisions of the Code of Criminal Procedure, 1898. |
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Articles seized. |
132. 1[When
anything has been seized under the provisions of this Act by a Prohibition Officer
exercising powers under section 129 or by an Officer-in-charge of a Police
Station], or has been sent to him in accordance with the provisions of this
Act, such officer, after such inquiry as may be deemed necessary, - (a) if it appears that such thing is required as evidence in the
case of any person arrested, shall forward it to the Magistrate to whom such
person is forwarded or for his appearance before whom bail has been taken,
(b) if it appears that such thing is liable to confiscation but is not
required as evidence as aforesaid, shall send it with a full report of the
particulars of seizure to the Collector, (c) if no offence appears to have
been committed shall return it to the person from whose possession it was
taken. |
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Duty of 4[officers of Government] and local
authorities to assist. |
133.
Every officer of the 2[Government]
any every officer or servant of a local authority, shall be 3[legally
bound to assist any Prohibition Officer or] police officer or person authorized
in this behalf in carrying out the provisions of this Act. |
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Bom.
III of 95 Offences to be reported.– |
5[134.
Every village officer or servant useful to Government, every officer of the State
Government, and (with the consent of the Central Government) every officer of
the Customs and Central Excise Departments, and every officer or servant of a
local authority, and the Sarpanch of a village Panchayat constituted
under the Bombay Village Panchayats Act,1958, shall be bound (a) to give immediate information at the nearest Police Station
or to any officer or person authorised in this behalf of the commission of
any offence and of the intention or preparation to commit any offence under
this Act which may come to their knowledge; |
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1. These
words were substituted for the words "When anything has been seized by a
Prohibition Officer order than the Collector in Director under the provision
of this Act” by Bom. 22 of two, s. 87. 2. This word
was substituted for the word "Crown" by the Adaptation of Laws
Order, 1950. 3. These
words were substituted for the words "legally bound to assist any "
by Bom. 22 of 1960.s. 88 (a). 4. These
words were substituted for the words "officials of all departments"
ibid., s. 88 (b). 5.
Sections 134 and 135 were substituted for the original, ibid., s. 89. †. For
this now read Code of Criminal Procedure, 1973 (II of 1974). |
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(b) to |
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Landlords
and others to give information. |
135. Every person who
owns or occupies any land or building, or who is a landlord of an estate
residing in the village, and the agent of such owner, occupier or landlord of
the land, building or estate, as the case may be, on or in which there has
been any unlawful tapping of toddy-producing trees or unlawful manufacture of
any liquor or intoxicating drug or unlawful cultivation or collection of
hemp, and every owner of a vessel or vehicle in which liquor or intoxicating
drug is manufactured contrary to the provisions of this Act, shall, in the
absence of reasonable excuse, be bound to give notice of the same to a
Magistrate or to a Prohibition Officer or to a Police Officer immediately the
same shall have come to his knowledge.] 136. [Power to arrest
and make orders detaining or restricting movements or actions of person.]
Deleted by Bom. 26 of 1952, s. 50. |
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