'Whenever anv Excise Officer not below such rank as the Power to searca without

· 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