Chapter VIII POWERS AND DUTIES OF OFFICERS IN THE MATTER OF DETECTION AND INVESTIGATION OF

Officers can enter and inspect licensed premises. The Commissioner, the Deputy Commissioner, or any Prohibition Officer duly empowered in this behalf by the State Government or any Police Officer not below the rank of an officer in charge of a Police Station may,—

(1) Any Prohibition Officer duly empowered in this behalf by the State Government, or any Police Officer may open any package and examine any goods and may stop or search for any intoxicant, hemp, mhowra flowers, any vessel, vehicle or other means of conveyance and may seize any intoxicant, hemp, mhowra flowers, molasses or any other thing liable to confiscation or forfeiture under this Act found while making such search. (2) The unloading and carrying of goods, the bringing of them to the place appointed under sub-section (3) for examination, the opening and re-packing of them where such operations are necessary to be made under this section and removing of goods to and placing of them in the place appointed under sub-section (3) for deposit, shall be performed by or at the expense of the owner of such goods. (3) The owner of the goods or the person in charge of the goods shall, if so required by any officer conducting the search take the goods to a place appointed by the District Magistrate for the purpose of examination or deposit. (4) The expenses incurred under sub-section (2) for the purpose of removing the goods to and placing of them in the place appointed under sub-section (3) may be recovered as an arrear of land revenue.

Power to demand inspection of licences. (1) The Commissioner or the Deputy Commissioner or any Prohibition Officer duly empowered in this behalf or any Police Officer may,- (a)require a licensed manufacturer, or vendor or any person acting with his express or implied permission on his behalf, to produce the licence, permit, pass or authorisation issued under this Act under which he carries on the manufacture, storage or sale of any intoxicant, hemp, mhowra flowers or molasses or taps toddy-producing trees or draws toddy therefrom; (b) enter and inspect at any time by day or by night, any land on which toddy-producing trees licensed for tapping are growing or toddy is drawn from such trees, or any warehouse, shop or premises in which the licensed manufacturer or vendor manufactures, stores or sells any intoxicant, hemp, mhowra flowers or molasses or examines, tests, measures and weighs any stock of any such articles. (2) If such officer finds that the holder of a licence, permit, pass or authorisation issued under this Act or a person in the employ of such holder or acting with his express or implied permission on his behalf, wilfully does or omits to do anything which is an offence under this Act, such officer may seize any intoxicant, hemp, mhowra flowers or molasses or any materials in respect of which the offence is committed and send a report to his official superior for such action under this Act as he deems fit.

Power to require disclosure of information from individuals. (1) The Deputy Commissioner, or any Prohibition Officer specially empowered in this behalf by the State Government or any Police Officer may, by order, require any person to furnish to any specified authority or person any such information in his possession concerning any intoxicant, hemp, mhowra flowers or molasses as may be specified in the order. (2) If any person fails to furnish any information in compliance with an order made under sub-section (1) or furnishes false information, he shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both.

Power to seize suspected contraband. The Commissioner, the Deputy Commissioner, or any Prohibition Officer duly empowered in this behalf or any Police Officer may,- (a)seize in any open place or in transit any intoxicant, hemp, mhowra flowers or molasses or any other thing which he has reason to believe to be liable to confiscation under this Act; (b)detain and search any person whom he has reason to believe to be guilty of any offence under this Act, and if such person has any intoxicant, hemp, mhowra flowers or molasses or any other thing in his possession, arrest him.

Authorization to arrest and seize during investigations. (1) Any Prohibition Officer authorised by the State Government in this behalf or any Police Officer may,- (a) arrest without warrant any person whom he has reason to believe to be guilty of an offence under this Act; (b) seize and detain any intoxicant, hemp, mhowra flowers or molasses or other articles which he has reason to believe to be liable to confiscation or forfeiture under this Act. (2) Any Prohibition Officer authorised by the State Government under this section, who arrests any person under clause (a) or seizes and detains any article under clause (b) of sub-section (1) shall forward such person or article, as the case may be, without unnecessary delay to the officer in charge of the nearest Police Station.

Power to arrest without warrant in public places. The Commissioner or the Deputy Commissioner, or any Prohibition Officer duly empowered in this behalf by the State Government or any Police Officer may arrest without any order from a Magistrate and without warrant, any person who obstructs him in the execution of his duties under this Act or has escaped or attempts to escape from custody in which he has been, or is lawfully detained under this Act.

Power to arrest those refusing to disclose identity. (1) When any person, who in the presence of the Commissioner, Deputy Commissioner or any Prohibition Officer not below such rank as the State Government may determine, has committed or has been accused of committing an offence under this Act, refuses on demand of such officer to give his name and residence or gives a name and residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name and residence may be ascertained. (2) When the true name and residence of such person have been ascertained, he shall be released on his executing a bond with or without sureties to appear before the Magistrate if and when he is so required: Provided that if such person is not a resident of India, the bond shall be secured by a surety or sureties residing in India. (3) If the true name and residence of such person is not ascertained within twenty-four hours from the time of arrest or if he fails to execute a bond or if so required to furnish sufficient sureties, he shall, be forthwith forwarded to the nearest Magistrate having jurisdiction.

Power to issue warrants for entry and search. (1) The Commissioner, the Deputy Commissioner, or any Prohibition Officer duly empowered in this behalf, or Magistrate or a Police Officer not below the rank of an Assistant or Deputy Superintendent of Police specially empowered by the State Government in this behalf, may issue a warrant,- (a) for the arrest of any person whom he has reason to believe to have committed an offence under this Act; (b) for the search, whether by day or by night of any building, vehicle or place in which he has reason to believe that any intoxicant, hemp, mhowra flowers or molasses are manufactured or sold or stored or that any toddy is drawn contrary to the provisions of this Act, or that any intoxicant, hemp or other thing liable to confiscation or forfeiture under this Act is kept or concealed and for the seizure of such intoxicant, hemp, mhowra flowers or molasses or such other things found in such building, vehicle or place. (2) All warrants issued under sub-section (1) shall be executed in accordance with the provisions of the Code of Criminal Procedure, 1898, by a Police Officer or a Prohibition Officer duly empowered in this behalf or if the officer issuing the warrant deems fit, by any other person.

(1) The State Government may empower any Prohibition Officer to investigate offences under this Act. (2) An officer empowered under sub-section (1) shall, in the conduct of such investigation, exercise the powers conferred by the Code of Criminal Procedure, 1898, upon an officer in charge of a Police Station. (3) Any Prohibition Officer to whom such officer is subordinate may, during the course of the investigation, take over the investigation himself or direct any other Prohibition Officer duly empowered, to conduct the same. The officer in conducting the investigation shall have the same powers under sub-sections (1) and (2) as if he was the Prohibition Officer appointed for the area or for the purpose of investigating the said offence. (4) If the Prohibition Officer conducting the investigation is of opinion that there is not sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate or that the person arrested may be discharged with a warning, such officer shall release him on his executing a bond with or without sureties to appear, if and when so required, before the Magistrate empowered to take cognizance of the offence and shall make full report of the case to his official superior and be guided by the order which he shall receive on such report. (5) The powers of an officer empowered under this section shall be subject to such other modifications or instructions as the State Government may deem fit.

Power to compel medical examination on suspected intoxication. (1) Where in the investigation of an offence under this Act, any Prohibition Officer duly empowered in this behalf by the State Government or any Police Officer, not below the rank of a Head Constable has reasonable ground for believing that a person has consumed an intoxicant and that for the purpose of establishing that he has consumed an intoxicant or for the procuring of evidence thereof, it is necessary that his body be medically examined, or that his blood be collected for being tested for determining the percentage of alcohol therein, such Prohibition Officer or Police Officer may produce such person before a registered medical practitioner, (authorised by general or special order by the State Government in this behalf) for the purpose of such medical examination or collection of blood, and request such registered medical practitioner to furnish a certificate on his finding whether such person has consumed any intoxicant, and to forward the blood collected by him for test to the Chemical Examiner or Assistant Chemical Examiner to Government, or to such officer as the State Government may appoint in this behalf. (2) The registered medical practitioner before whom such person has been produced shall examine such person and collect and forward in the manner prescribed the blood of such person, and furnish to the officer by whom such person has been produced, a certificate in the prescribed form containing the result of his examination. The Chemical Examiner or the Assistant Chemical Examiner to Government, or other officer appointed under sub-section (1), shall certify the result of the test of the blood forwarded to him, stating therein, in the prescribed form, the percentage of alcohol, and such other particulars as may be necessary or relevant. (3) If any person offers resistance to his production before a registered medical practitioner under sub-section (1) or on his production before such practitioner to the examination of his body or to the collection of his blood, it shall be lawful to use all means reasonably necessary to secure the production of such person or the examination of his body or the collection of blood necessary for the test. (4) If the person produced is a female, such examination shall be carried out by, and the blood shall be collected by or under the supervision of a lady registered medical practitioner authorised by general or special order, by the State Government in this behalf, and any examination of the body, or collection of blood of such female shall be carried out or made with strict regard to decency. (5) Resistance to production before a registered medical practitioner as aforesaid, or to the examination of the body under this section, or to the collection of blood as aforesaid, shall be deemed to be an offence under section 186 of the Indian Penal Code. (6) In trials under this Act, it may be presumed unless and until the contrary is proved, that the accused has committed an offence under clause (b) of section 59, if he, having been produced before a registered medical Practitioner, under this section, had resisted or had refused to allow himself to be examined by such registered medical practitioner. (7) Any expenditure incurred for the purpose of enforcing the provisions of this section including any fees payable to a registered medical practitioner or the officer appointed under sub-section (1) shall be defrayed out of moneys provided by the State Legislature. (8) If any Prohibition Officer or Police Officer vexatiously and unreasonably proceeds under sub-section (1), he shall, on conviction, be punished with imprisonment which may extend to six months or with fine which may extend to five hundred rupees, or with both. (9) Nothing in this section shall preclude the fact that the person accused of an offence has consumed an intoxicant from being proved otherwise than in accordance with the provisions of this section.

Requirement to transfer items and persons to official police custody. Every person arrested and thing seized by a Prohibition Officer under this Act shall be sent to the officer in charge of the nearest Police Station.

Bail may be granted by an officer. (1) Any Prohibition Officer empowered to investigate an offence under this Act shall have power to grant bail in accordance with the provisions of the Code of Criminal Procedure, 1898, to any person arrested without a warrant for an offence under this Act. (2) When any person has been arrested under section 105, a Prohibition Officer empowered to investigate an offence under this Act, shall have power to grant bail in accordance with the provisions of the Code of Criminal Procedure, 1898.

Safekeeping of seized items. When anything has been seized by a Prohibition Officer other than the Commissioner or the Deputy Commissioner under the provisions of this Act or has been sent to him in accordance with the provisions of this Act, such officer, after such inquiry as may be deemed necessary, (a) if it appears that such thing is required as evidence in the case of any person arrested, shall forward it to the Magistrate to whom such person is forwarded or for his appearance before whom bail has been taken; (b) if it appears that such thing is liable to confiscation but is not required as evidence as aforesaid shall send it with a full report of the particulars of seizure to the Deputy Commissioner; (c) if no offence appears to have been committed, shall return it to the person from whose possession it was taken.

Duty of occupants to report offences on their property. (1) Whenever there has been any tapping for toddy or manufacture of any liquor or intoxicating drug not authorised by a permit or a licence issued under this Act,- (a) every person who occupies any land or building or a landlord residing in the village on or in which such unauthorised tapping or manufacture takes place, and (b) every owner of a vessel or vehicle in which such unauthorised manufacture takes place, -shall, in the absence of reasonable excuse, be bound to give notice of the same to a Magistrate or to a Prohibition Officer or to a Police Officer as soon as such tapping or manufacture shall come to his knowledge.

Requirement to report known offences. (1) Every village officer or servant and every officer of any other Department of the State Government and any officer or servant of a local authority, shall be bound to give immediate information at the nearest police station or to any officer or person authorised in this behalf, 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 breach about which they may have knowledge or which they may have reason to believe is about or likely to be committed. (2) Every officer of the State Government and every officer or servant of a local authority, shall be legally bound to assist any Police Officer or person authorised in this behalf, in carrying out the provisions of this Act.