The Bihar Prohibition and Excise Act, 2016
Chapter VII Externment and Internment
Chapter VII Externment and Internment
66. Externmentetc of notorious or habitual offenders.
- (1) Where it appears to the Collector that-
- (a) any person is a notorious or habitual offender under this Act, or
- (b) that there are reasonable grounds for believing that any person is engaged or about to engage, in the district or any part thereof, in the commission of any offence punishable under this Act or abetment of such offence; the Collector shall, by notice in writing, inform him of the general nature of the material allegation against him in respect of clauses (a) or (b) and shall give him a reasonable opportunity of tendering an explanation regarding them;
- (2) The person against whom an order under this section is proposed to be made may be allowed to consult and be defended by a counsel of his choice;
- (3) The Collector, on being satisfied that the conditions specified in clauses (a) or (b) of sub- section (1) exist, may by order in writing(a) direct him to remove himself outside the district or part thereof, as the case may be, by such route, if any, and within such time as may be specified in the order and to resist from entering the district or the specified part thereof, until, the expiry of such period, not exceeding six months as may be specified in the order; and/or (b)(i) require such person to notify his movement, or to report himself, or to do both, in such manner, at such time and to such authority or person as may be specified in the order; or
- (ii) prohibit or restrict possession or use by him of such article or excisable item as may be specified in the order;or
- (iii) prohibit or restrict any particular activity or occupation that he is currently engaged in or likely to engage in;or
- (iv) intern him to the nearest De-addiction Center to undergo such treatment or counseling or both under the supervision of such medical expert for such period as may be specified in the order: or
- (v) direct him otherwise to conduct himself in such manner as may be specified in the order; until the expiry of such period, not exceeding six months, as may be specified in the order.
Chapter VII Externment and Internment
67. Extension of period of order.
The Collector may, after giving reasons to be recorded
in writing and if he is satisfied that in the interest of the general public or any member of the public, the period specified in the order made under section-66, be extended, he shall be competent to extend the period which, however, shall not exceed two years in the aggregate.
Chapter VII Externment and Internment
68. Permission to return temporarily.
The Collector, may by an order, permit any person
in respect of whom an order has been made under Section-66 to enter or return, for temporary period, into or to the area from which he was directed to remove himself, subject to such conditions as the Collector may specify and may at any time rescind any such permission.
Chapter VII Externment and Internment
69. Nature of evidence.
The Collectormay for the purpose of satisfying himself as to
whether the conditions necessary for the making an order under section-65 exist or not take into consideration any evidence which he considers to have probative value and the provisions of the Indian Evidence Act, 1872, shall not apply thereto.
Chapter VII Externment and Internment
70. Immediate Arrest.
Any excise officer or police officer may arrest, without warrant,
any person who has contravened or is likely to contravene an order passed under Section-66 of the Act and shall forthwith forward the person so arrested to the Court.
Chapter VII Externment and Internment
71. Penalty for non-compliance of order under Section-66.
Any person contravening an
order of the Collector made under Section-66 shall be punishable with imprisonment for a term not less than five years but which may extend to seven years and with fine which shall not be less than Rs one lakh but which may extend to Rs 10 lakhs.
Chapter VII Externment and Internment
72. Powers in relation to absconding person.
- (1) If the Collector finds that a person in respect of whom an order has been made under Section-66, is an absconder or has absconded or is concealing himself so that the order cannot be executed, the Collector may by order notified in the official gazette and published in the local newspaper, direct the said person to appear before such officer, at such place and within such period as may be specified in the order.
- (2) If any person fails to comply with any order issued undersub-section (1),the Collector shall be competent to confiscate the moveable and/or immoveable properties of the concerned person under Section-58 of this Act.
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