Chapter V Chapter V

The Provincial Government may, by notification, invest any of the Prohibition authorities specified in section 4 with all or any of the powers or duties conferred or imposed by the code of Criminal Procedure, 1898 (V of 1898), on the officer in charge of a police-station in respect of investigations, arrests, searches, seizures and detention in custody for offences under this Act, and may, in such notification, specify the area within which such authority shall exercise such power: Provided that such power shall not be conferred on any officer whose rank is lower than that of sub-inspector.

(1) Any officer or person authorized by the Provincial Government in this behalf may- (a) arrest without warrant any person committing within his view an offence punishable under sections 8,9,10,11,12 or 13; (b) seize and detain any tari, liquor, intoxicating drug or other article which he has reason to believe to be liable to confiscation under this Act; and shall when he so seizes such article, give to the person from whom such article is seized a receipt for the same; Provided that if the officer or person making the arrest under this section is not empowered to admit to bail, such officer or person may, if he is satisfied as to the identity of the person arrested, release him on his executing a bond in an amount not exceeding Rs. 200 for his appearance before a Police officer or Magistrate having jurisdiction to inquire into the case or forthwith forward him to the nearest Police-station. (2) Any person authorized by the Provincial Government under this section, who seized or detains any article under clause (b) of sub-section (1) shall forward such article without unnecessary delay to the officer in charge of the nearest police-station.

Every officer of the Crown and every officer or servant of a local body shall be legally bound to assist any Prohibition authority or Police Officer in Carrying out the provisions of this Act.

Every village chaukidar and dafadar shall be bound to give immediate information at the nearest police station or to a Prohibition authority of any breach of any of the provisions of this Act which may come to his knowledge; and all such officers and servants shall be bound to take all reasonable measures in their power to prevent the commission of any such branches which they may know or have reason to believe are about or likely to be committed.

Every person who occupies any land or building or who is a landlord of an estate, residing in the village, on or in which there shall be any tapping for tari or manufacture of any liquor or intoxicating drug not authorized by a permit or license issued under this Act, shall, in the absence of reasonable excuse, be bound to give notice of the same to a magistrate or to a Prohibition authority or to an officer of the Police as soon as such tapping or manufacture shall have come to his knowledge.

A Police Officer or any Prohibition authority vested with the powers of an officer in charge of a police-station shall, instead of summoning to appear before him any person who, from sickness or other infirmity, may be unable so to do or whom, by reason of rank or sex, it may not be proper to summon, proceed to the residence of such person and thereto require him to answer such questions as he may consider necessary with respect to such inquiry; and such person shall be bound so to answer accordingly.