Chapter VIII DETECTION, INVESTIGATION AND TRIAL OF OFFENCES

(1) Whenever any intoxicant is manufactured or collected or any excise tree is tapped or any hemp plant is cultivated, in or on any land or building, in contravention of this Act- (a) all owners and occupiers of such land or building or their agents; (b) (i) village officers or servants including members of the village police, (ii) sarpanches, members and officers of the Gram Panchayat, and (iii) all officers (other than excise officers), employed in the collection of revenue or rent of land on behalf of the Government, or a local authority in the locality in which such land or building is situated, 1[or the Grama/Ward Mahila Samrakahana Karyadarshi employed in Village/ Ward Secretariat or Grama/ Ward Voluteers employed in Village/ Ward Secretariat] shall in the absence of reasonable excuse, be bound to give notice of the fact to a Magistrate or to an officer of the excise or police or 2[Executive Magistrate or Special Enforcement Bureau] Officer as soon as the fact comes to their knowledge. (2) Every 3[Prohibition and Excise Officer and Special Enforcement Bureau Officer or Revenue Officer] shall be bound to give immediate information either to his immediate official superior or to the 4[a Prohibition and Excide Inspector to Inspector of Special Enforcement Bureau or to Executive Magistrate,] of all breaches of any of the provisions of this Act, which may come to his knowledge under sub-section (1) or otherwise. (3) All such officers, sarpanches, members or servants as are referred to in sub-section (1) shall be bound, (a) to take all reasonable measures in their power to prevent the commission of such breaches which they may know, or have reason to believe, are about or likely to be committed; and (b) to assist 5[the Commissioner of Prohibition & Excise and/ or the

1. (a) all owners and occupiers of such land or building or their agents;
2. (b) (i) village officers or servants including members of the village police,
   • (ii) sarpanches, members and officers of the Gram Panchayat, and
   • (iii) all officers (other than excise officers), employed in the collection of revenue or rent of land on behalf of the Government, or a local authority in the locality in which such land or building is situated, 1[or the Grama/Ward Mahila Samrakahana Karyadarshi employed in Village/ Ward Secretariat or Grama/ Ward Voluteers employed in

Village/ Ward Secretariat] shall in the absence of reasonable excuse,

be bound to give notice of the fact to a Magistrate or to an officer of the excise or police or

2[Executive Magistrate or Special Enforcement

Bureau] Officer as soon as the fact comes to their knowledge.

1. (2) Every 3[Prohibition and Excise Officer and Special Enforcement Bureau Officer or Revenue Officer] shall be bound to give immediate information either to his immediate official superior or to the 4[a Prohibition and Excide Inspector to Inspector of Special Enforcement Bureau or to Executive Magistrate,] of all breaches of any of the provisions of this Act, which may come to his knowledge under sub-section (1) or otherwise.
2. (3) All such officers, sarpanches, members or servants as are referred to in sub-section (1) shall be bound,
   • (a) to take all reasonable measures in their power to prevent the commission of such breaches which they may know, or have reason to believe, are about or likely to be committed; and
   • (b) to assist 5[the Commissioner of Prohibition & Excise and/ or the

Power to enter and inspect places of manufacture and sale - The Commissioner or a Collector or any Excise Officer not below such rank as may be prescribed, or any Police Officer duly empowered in that behalf may,-

1. (a) enter and inspect, at any time, by day or by night, any place in which any licensed manufacturer, manufactures or stores any intoxicant, and
2. (b) enter and inspect at any time within the hours during which sale is permitted, and at any other time during which the same may be open, any place in which any intoxicant is kept for sale by any person holding a licence under this Act; and
3. (c) examine the accounts and registers, and examine, test, measure or weigh any material, stills, utensils, implements, apparatus, or intoxicant found in such place. . Inserted by the Act No.17 of 2020, S.10 . Substituted by the Act No.17 of 2020, S.10 . Inserted by the Act No. 17 of 2020, S.10 . Substituted by the Act No.17 of 2020, S.10

. Substituted by the Act No.17 of 2020, S.10

(1) Any officer of the Government

employed in the Prohibition and Excise, Police or

1[Executive Magistrate or

Special Enforcement Bureau] of the State subject to such restrictions as may be prescribed and any other person duly empowered, may,- (a)

2[arrest without warrant any person for an offence punishable under

3[section 27 or section 34 or], section 35 or section 36 or

section 37 or Section 37-A or Section 40-A or Section 50 or Section 50A];

1. (b) seize and detain any excisable or other article which he has reason to believe to be liable to confiscation under this Act, or and other law for the time being in force, relating to excise revenue; and
2. (c) detain and search any person upon whom and any vessel, raft, vehicle, animal, package, receptacle or covering in or upon which, he may have reasonable cause to suspect any such article to be.

1. (2) When any person is accused or is reasonably suspected of committing an offence under this Act, other than an offence under section 34, section 35, section 36, or section 37 4[ or Section 37-A or Section 50] and on demand of any such officer as aforesaid, refuses to give his name and residence or gives a name and residence which such officer has reason to believe is false, he may be arrested by such officer in order that his name and residence may be ascertained.

5[53-A. Obligation of officers to assist each other - The Officers of the

Departments of Police and Revenue

6[and Department of Gram

Volunteers/Ward Volunteers and Village Secretariats/Ward Secretariats] shall, upon notice given or request made by

legally bound to assist him in carrying out the provisions of the Act.]

If a Magistrate, upon information and after such inquiry, if any, as he thinks necessary, has reason to believe that an offence under section 34, section 35, section 36 or section 37 has been, is being or is likely to be, committed, he may issue a warrant,- (a) for the search of any place in which he has reason to believe that any intoxicant, still, utensil, implement, apparatus or materials which are used for the commission of such offence or in respect of which such offence has been, is being, or is likely to be committed, are kept or concealed; and (b) for the arrest of any person whom he has reason to believe to have been, to be, or to be likely to be, engaged in the commission of any such offence.

1. (a) for the search of any place in which he has reason to believe that any intoxicant, still, utensil, implement, apparatus or materials which are used for the commission of such offence or in respect of which such offence has been, is being, or is likely to be committed, are kept or concealed; and
2. (b) for the arrest of any person whom he has reason to believe to have been, to be, or to be likely to be, engaged in the commission of any such offence.

Collector

8[or Executive Magistrate] or any police officer not below the rank of an officer-in-charge of a police station or any excise officer not below the rank

of Prohibition and Excise Sub-Inspector

9[or any Special Enforcement Bureau Officer not below the rank of Sub-Inspector] has reason to believe that an

. Substituted by the Act No.17 of 2020, S.11 . Substituted by the Act No.20 of 1994, . Substituted by the Act No.10 of 1989, S.19 . Inserted by the Act No.20 of 1994

. New section inserted by the Act No.4 of 1994, S.14

. Inserted by the Act No.17 of 2020. S.12 . Substituted by the Act No.17 of 2020, S.12 . Inserted by the Act No.17 of 2020. S.13 . Inserted by the Act No.17 of 2020. S.13

offence under section 34, section 35, section 36,

1[section 37 or section 37A]

has been, is being or is likely to be, committed, and that a search warrant cannot be obtained without affording the offender an opportunity of escape or of concealing evidence of the offence, he may, after recording the grounds of his belief,-

1. (a) at any time by day or by night enter and search any place and seize anything found therein which he has reason to believe to be liable to confiscation under this Act; and
2. (b) detain and search and, if he thinks proper, arrest any person found in such place whom he has reason to believe to be guilty of such offence as aforesaid.

the rank of an Excise Sub-Inspector

3[or Special Enforcement Bureau Officer not below the rank of a Sub-Inspector] may, as regards offences under

4[section 27, section 34], section 35, section 36,

5[section 37 or section 37 A or section 40 A] exercise within such area as may be notified in this behalf, powers conferred on an officer-in-charge of a police station by the provisions of

6[the Code of Criminal Procedure, 1973]: Provided that any such power shall be subject to such restrictions and modifications, as may be prescribed.

1. (2) For the purposes of section 156 of the said Code, the area in regard to which a Prohibition and Excise Officer 7[or a Special Enforcement Bureau Officer] is empowered under sub-section (1) shall be deemed to be a police station and such officer shall be deemed to be the officer-in-charge of such station. 8[56.A - Cognizance and trial of offence- Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), all offences under this Act shall be cognizable and the provisions of the said

code with respect to cognizable offences shall apply to them:

Provided that the offences punishable with imprisonment for a term not exceeding two years under this Act shall be tried in accordance with the procedure prescribed by chapter- XXI of the Code of Criminal Procedure, 1973.]

If, on any investigation by an excise officer, not below the rank of a Prohibition and Excise Sub-Inspector, 9[or Special Enforcement Bureau Officer not below the rank of a Sub-Inspector] a it appears that there is sufficient evidence to justify the prosecution of the accused, the investigating officer shall submit a report, which shall, for the purpose of 10[section 190 of the Code of Criminal Procedure, 1973], be deemed to be a police report, to a Magistrate having jurisdiction to inquire into or try the case and empowered to take cognizance of offences on police reports.

9[or Special Enforcement Bureau Officer not below the rank of a Sub-Inspector] a it appears that there is sufficient evidence to justify the prosecution of the accused, the investigating officer shall submit a report, which shall, for the purpose of

10[section 190 of the Code of Criminal Procedure, 1973], be deemed to be a police report, to a Magistrate having jurisdiction to inquire into or try the case and empowered to take cognizance of offences on police reports.

. Substituted by the Act No.4 of 1994, S.15

. Substituted by the Act no. 10 of 1989, S.20 . Substituted by the Act No.4 of 1994, S.16

of a Prohibition and Excise Sub-Inspector

search under this Act, he shall, within twenty four hours thereafter,-

1. (a) make a full report of all the particulars of the arrest, seizure or search to his immediate official superior, and
2. (b) unless bail be accepted under section 60, take or send the person arrested or the thing seized, with all convenient despatch, to the nearest Magistrate for trial or adjudication.

Any person arrested under this Act, shall be informed, as soon as may be, of the grounds for such arrest and save as otherwise expressly provided in this Act, the provisions of 2[the Code of Criminal Procedure, 1973], relating to arrests, detention in custody, searches, summonses, warrants of arrests, search warrants, the production of persons arrested and the disposal of things seized, shall apply, as far as may be, to all actions taken in these respects under this Act.

2[the Code of

Criminal Procedure, 1973], relating to arrests, detention in custody, searches, summonses, warrants of arrests, search warrants, the production of persons arrested and the disposal of things seized, shall apply, as far as may be, to all actions taken in these respects under this Act.

Government may, by notification, empower any

release on bail persons arrested under this Act otherwise than on a warrant.

1. (2) When a person is arrested under this Act, otherwise than on a warrant, by a person or officer who is not authorised to release arrested persons on bail, he shall be produced before or forwarded to-
   • (a) the nearest Prohibition and Excise Officer 4[ or Special Enforcement Bureau Officer] who has authority to release the arrested persons on bail; or
   • (b) the nearest officer-in-charge of the police station, whoever is nearer.
2. (3) Whenever any person arrested under this Act otherwise than on a warrant, is prepared to give bail, and is arrested by or produced in accordance with sub-section (2) before an officer who has authority to release arrested persons on bail, he shall be released on bail or at the discretion of the officer releasing him, on his own bond.
3. (4) The provisions of

5[Sections 441 to 446 and Section 449 of the Code

of Criminal Procedure, 1973], shall apply so far as may be, in every case, in which bail is accepted or, bond taken under this section.

6[(5) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, (Central Act 2 of 1974) no court shall grant any bail to

any person accused of an offence under Clause (h) of section 34 or section

40A or section 50 or section 50A of this Act, unless the prosecuting officer is given an opportunity to oppose the application and the court record reasons while granting the bail.]

7[60.A- Non-bailable offences - The offences punishable under sub-clause (1)

of section 34 or section 37-A shall be non-bailable and the provisions of the

Code of Criminal Procedure, 1973, with respect to non-bailable offences shall

apply to those offences.]

. Substituted by the Act No. 17 of 2020, S.18 . Inserted by the Act No. 17 of 2020, S.18 . Substituted by the Act No. 20 of 1994 . Substituted by the Act No. 4 of 2020, S.6 . Substituted by the Act No. 4 of 2020, S.7

Department

1[or to Special Enforcement Bureau]- (1) No Magistrate shall take congnizance of an offence punishable -

1. (a) under section 38 or section 41 except on the complaint of the Collector or 2[Executive Magistrate or]of an Excise Officer not below the rank of an Excise Superintendent, in this behalf, or
2. (b) under any other section of this Act other than section 48, except on his own knowledge or suspicion or on the complaint or report of a Prohibition and Excise Officer or police officer 3[or Special Enforcement Bureau Officer.]

1. (2) Notwithstanding, anything in any other law for the time being in force in the State, all sums realised on account of fines imposed by a Magistrate on conviction of a person for any offence under this Act, shall, on such realisation be credited to the head of account to which the receipts of the Excise

Magistrate's power to impose enhanced penalties - Notwithstanding anything in

4[Section 29 of the Code of Criminal Procedure, 1973], it shall be

lawful for any Magistrate of the first class to pass any sentence authorised by this Act in excess of his powers under section 32 of the said Code.