Chapter VIII DETECTION, INVEST/GA TION AND TRIAL OF OFFENCES

49-A (I) 'Whoever- ( a) imports, ex ports, transports, manufactures, coJle cts, possesses, bottles or sells any liquor; or (b) alters or attempts to alter any denatured spirit or denatured spiritious preparation with the intention that such spfrit or denatured spirituous prepartaion may be used for human consumption.-whether as a bevt:ragc or internaily as a medicine, or fr1 any othel' form or by any method whatsoever; or

1. (c) has in his possession any spirit or denatured ~pirituous preparation, in respect of ,,foch he intcntiona1ly or k1'.owing!y allo·ws or .knowingly suffers any other person to alter or attempt to alter, in dther case v,:ith the intention specified in clause (b), any spirit in Io · denatured spirit or in to a d cna tu red spiri tu 011 s preparation; arr · ,.,.,,..(dY.,...... .. ~~ix°cs denatured ·•·~p'i'rit'· o'r · sue.:h altered denatured

· · spirit or denatured spirituous preparation with

potable spirit, and such liquor, denatured spirit, denatured ilpirituous preparation, spirit or a]tered denatured spirit, as the case may be, is found unfit for human consumption or causes injury, to or death of human being,-- shall be punishable - where such liquor, denature<l spirit, . d_enature<l spirituous pre- pctration., spirit, o.r altered denatured spmt, as 1he case may be-•• ( i'1 is found unfit for to irnDriso11mcnt vvhich shall ' hum,m consumption-not be· less th:.m two months, but may extend to t'wo Years and shaII also be Jiable to 'fine· . l

(ii) (iii) THE MADHYA PRADESH EXCISE ACT, 1915 causes injury to human being- causes death of a human being- to . not but and imprisonment which shall be less than four months may extend two four years shall also be liab1e to fine: to imporsionmcnt which ;;hall not be less than two years but may extend to ten years and shall also be liable to fine.

1. (2) -when any person is convicted under this section for a second or subsequent offi..:nce, he shall be pu11ished in relation to circumstances-
   • (a) under clause (i) of sub section (2) with imprisonment which shall not be less than six months but which may extend to four years and shall also be 1iable to fine ; (h) (c) under clause ( ii) of sub-section (2) under clause (iii) of sub-sf:ction' (f) with imprisonment which shall not be Jess than one year but may extend to six years, and shall also be liable to fine ; to imprisonment for life or imprisonment which shall not be less than five years but may extend to ten years, and shall aJso be liab]e to fine. 49-B. Notwith<>tanding anything contained in the Code of Criminal Procedure, 1973 (No. 2 of 1974) or section 59.
     • (i) no a.pp1ication for an anticipatory hail shall be en• tertained by ,my court in respect of a person accused of an offence under section 49-A;
     • (ii) no application for bail of a person accused of an offence under section 49-A shall be allow..:-d if opposed by the proi;ecution : Provided that no court 01· rnagistrMe sl1aU authorise detention of .md1 person in custody during the course of investigation for a period exceeding one hundred ~m<l twenty d:1ys and on the expiry of such period, m the event of the rr:port or compla.int not being filed, tb c accused slrn.1J be rde::tscd fortlnvi th jf he i! prepared to and docs furnisI1 l?ail J1 -----------~---~- 3F Bail not to be aUol\'ed for offences under t'bis Chapter Land-holders and others to gfve information. Power to enter and ins- pect place of manuf~ture and sale, Power to arrest without warrant, to sci zc article liable to confiscation and to mak:~ searches. THE Mt\DHYA PRADESH EXCISE ACT, 1915

¹ Ins. by M. P. Act. 39 of 1982, S. 9.

any hemp plant [ * *]

1[ * *] is cultivated on any land in contravention of this Act,-

1. (a) any mvner or occupier of such land and any agent of any such m,vner or occupier; and ( b) alt villagc-headrn en, village-accountants, village- \Va tchmen, and all officers employed in the collec- tion of revenue or rent of land on the part of the Government or the Court of Wards, in the villages, shall, in the absence of reasonable excuse, Le bound to give notice

of the fact to a Magi-; tra t c or to an officer of the Excise, Po lice

or Land Revenue Department, as soon as the fact comes to their knowledge.

³ Subs. by M. P. Act 27 of 1965, S, 3.

Officer not belm-v such rank as the State Government may by noti- fication prescribe, or any Police Officer duly empO\vered in that behalf! may- '( a) enter and inspect, at any time by day or bt night, any place in ,\hich any licensed manufacturer manu- factures or stores any intoxicant; and ( 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 ( c) examine accounts and registers, and examine, test, measure or weight any materials, stills, utensils, im- plements, apparatus or intoxicant found in such place. 52. (1) Any Excise Officer, or any Police Officer not below such rank as the State Government may by notification prescribe, or any single offica or class of officers of the Land Revenue Department duly empO\vered in this behalf by notification of the State .Government, subject to St!ch restriction as the State Government may prescribe:, and any other person, duly empmver- ed by notification of the State Government in this behalf may- 3( (a) arrest V-.'ithout ·warrant any person found committing an otlencc punishable under [section 23-A, section 34} section 35, section 36, section 36-A, section 36-B, section 36-C or section 37; and] L Words "or Coca plant" omitted by Central Act 2of 1930. 2. Words "Erythroxylon coca" omitted by C. P. Act l of 1927, S. 3. 4. Ins, by M. P. Act 2 3 of 1978, S. 3. for "section 34".

(b) (c) THE MADHYA PRADESH EXCISE ACT, 1915

seize and detain any ( intoxicant _)l or other article

which he has reason to believe to be liable to con- fiscation, under this Act or anv other law for the time being in force relating to excise-revenue; and detain and search any :eerson upou whom, and any vessel? ra!-"t, vehicle, aru.mal, package, receptacle or coveru1.g m or upon wluch he may have reasonable cause to suspect any such article to be.

1. (2) When any person is accused or reasonably suspected of committing an offence under this Act: and on demand of such officer refuses to give hi.s name and residence or gives. a name and residence which such officer has reason to believe to be false he mav be arrested by such officer in order that his name and resi- da~ce may be ascertained. l53. If a Magistrate; upon information and a[i.cr such inquiry (if any) as he thinks necessary has reason to believe that an offence under section 34·, section 35, section 36, section 36-A, section 36-B, section 36-C, section. 37, section 38, section. 38-A, section 39 or section 40 has been) is being or is likely to be committed, he may issue a war'rant- ( a) for the search of any place in which he has reason to believe that any intoxicant still, utensil, implement, apparatus or materials which arc used for the comrrussion of such offence, ol' in respect of which such offence has been, is being or is likely to be, committed, at'e kept or concealed; and
   • (b) for the arrest of any person whom he has reason to believe to have been, to be) 01· to be likely to be engaged in the commission of any such offence. Power of magistrate to issue a wai.Ta.nt.

confiscation and to make searches.

· State Government may, by notification, prescribe, has reason to a warrant. believe that an offence under section 34, section 35, section 36, section 36-A, section 36-B~ section 36-C, section 37, section 38,

section 38-A., section 39 , or section 40 has been, is being or is

likelv to be committed, and that a search-warrant cannot be obtai.ned v-,rithout affording the oflender an opportunity of escape or of concealing evidence of the offence he may after recording the grounds of his helief,- (a) (b) at any time, by day or night, enter and search any place and seixe anything found therein which he has reason to believe to be liable to confiscation under this Act; and detain and se?-rch and, ifhe think~ proper, arrest any person found m such place whom he has reason to be guilty of such offence as aforesaicl.J1. 1. Word suhs. by A. 0. 193 7, for "excisable ... 2. Su'Js. by M. P. Act 27 of 1965, S. 4.

34 THE MADHYA PRADESH EXCISE ACT, 1915 Arrest without warrant [54-A. Any Excise Officeri not below such rank as the State for obstruction or assault. Government may by notification specify may arrest without ,varrnnt any person who obstructs or as.;aults him in the execution of his duty under this Act : Powers of Excise Officers in mat! ers of invest igaton RePort by investigation officer. Report by Excise Officer. Provided that every person arrested under this section shall be admitted to bail by the person arresting, if sufficient bail be tendered for his appearance before a magistrate or before a police or Excise officer, as the case may be.JI 55. [ (1) Any ExcisF. Officer not be! \V such rank and v,1thin such specified area, as the State Government may, by notification, prescribe, may; as regard!· oITence unde:r section 3+, section 35, ~ec ion 3 6 section 36-A, section 38-A, ~ection 39, section 40 and section 40-A exercise the pmvers conferred on an officer-in-charge of a police stat.ion by the provision of Chapter

XII of the Code of Criminal Procedure, 1973 ( No. 2 of 1974):

Provided that any such pO\vers shall be subject to such res- trictions and modifications (if any) as the State Government may by rule prescribe.}'. ( 2) For th c pu rposcs of sec ti on 1 56 of the said Code the area in rr gard to which an Exd s e Officer .is em powered under sub-sec•

ti~·n. (I) shall be deemed to be a police station, and such officer

shall 'be deemed to be the officer in charge of the station.

1. (3) Anv such officer, specially empm·vered in that behalf by the State Government~ mayi \vithout reference to a 1 lagistrate and for reason~ to be rerorded by him in writing, stop further proceed- ings against any person concerned or supposed to be concerned in any offence against this Act! which he has investigated or which may have: been reported to him. 3f56. If on an investigation by an Excise Officer empowered under sub-section ( 1) of section 55, it appears that there is sufficient evidence to justify the prosecution of the accused, the investigating officer, unless he procerds under sub~scction (3) of section 55, shall submit a report ,,vhich shall for the purposes of section 190 of the Code of Criminal Procedure, 1973 (No. 2 of 1974) be deemed to be a police report to· a Judicial J\,fag-istrate having jurisdiction to inquire into or try the case and empowered to take cognizance of offences on [police reports]4

makes any arrest, seizure or search under this Act, he shall,

within twenty-four hours thereafter, make a full report of all the

³ Subs., ibid, s. 12.

particulars of the arrest, seizure or search to his immediate official superjior, and shall, unless bail be accepted under section 59, take or send the person arrested, or the thing seized, with all conM venient despatch, to a Judicial Magistrate for trial or adjudica- tion .. J. Ins. by C.P. and Berar Act 56 of 1948. S.6. 2. Suhs, by M. P.Act 23 of 1979, S, 11. 4. Suhs .. by M. P Act 39 of 1982, S. 10 for "public report"

THE MADHYA PRADESH EXCISE Acrt 1915

[57-A. An officer in charge of a police station shall take charge

of and keep in safe custody pending the orders of a magistrate or an Excise Officer, all articles seized under this Act which may be delivered to himi and shall allow any Excise Officer who may accompany such articles to the police station, or who may be deputed for the purpose by his superior officer, to affix his seal to such artides and to take samples of and from them. All samples so taken shall also be sealed with the seal of the officer in charge of the police station.]

visions of the Code of Criminal Procedure, 1973 ( No. 2 of 1974) relating to arrest, detentions in custodv, searches, summons, warrants of arrests, search warrants, the production of persons arrested, and the disposal of things seized, shall apply, as for as may be, to aU action taken in these respects under this Aet.]2 59. l( l) All offences punishable under this Act shall be bailable within the meaning of the Code of Criminal Procedure,

1973 ( No. 2 of 1974).]3

1. (2) \Vhen a person is arrested under this Act otherwise than on warrant by a person or officer who has nol authority to release arrested persons on bail, he shall be produced before or forwarded to - {a) the nean::st Excise Officer who has authoritv to release arrested persons on bail, or '
   • (b) the nearest oflicer in charge of a police station, whoever is nearer.
2. (3) \Vhenever any person arrested under this Act, otherwise than ou a warrant, is prepared to give hai1, 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 up on bail or, at the discretion of the officer re:'.'!'asing him, ou his own bond. [ ( 4) The provisions of sections 4H to 4-44 and 446 and 449 of the Code of Criminal Procedure: 19 7 3 (No. 2 of 197 4), shall .apply so far as may be, i_n every case in ,vhich bail is accepted or .a bond taken under tins ~ccbon.J-4 60. [ * * JS Police to take charge of articles sciz.ed. Arresti, searches, etc, bow to be made. Security for appearance in case of arrest without warrant. 6[61. [(l) No court shall take cognizance of an offence Limitation of prosecutions. punishable- ( a) under section 37, section 38, section 38-A, section 39, ' except on a complaint or report of the Collector or an Excise Officer not below the rank of District Excise Officer as may be authorised by the Collector in this behalf; Tender of pardon to accu- sed person turning app- rover. Power to mat:e rules. THE MADHYA PRADESH EXCISE ACT, 1915
   • (b) under any other section of this Act other than section 49 except on the complaint or report of an Excise Officer or Police Officer.]
3. (2) Except with the special sanction of the State Govern- ment, no Judicial !-fagistrate shall take cognizance of any offence punishable under this Act, or any rule or order thereunder unless the prosecution is instituted within six months from the date on which the offoncc is alleged to have been committed. 61-A. Whenever two or more persons are prosecuted for an offence under this Act, the Chief Judicial Magistrate or any rvlagistrate of the first class inquiring into or trying the offence may, for the reasons to be recorded in writing by him, tender to

¹ Ins. by C. P. and Berar Act 56 of 1948, $. 8.

² Subs. by M. P. Act 23 cf 1979, S, 13.

³ Subs. by M. P. Act 23 of l 979, S. 14 (a).

⁴ Subs., ibid., S. 14 (b).

⁵ Omitted by M. P. Act 23 of 1979, S. 15.

⁶ Subs. by M. P. Act 23 of 1979, S. 16.

any accused person a pardon on condition of his making a full

and true disclosure of all facts connected with the offence.]

61-A. Tender of pardon to accused person turning approver.