Save as in this Act otherwise expressly provided the pro-

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.]