Security for appearance in case of arrest without warrant - (1) The

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