Substitution of new section for section 34

Substitution of new section for section 34 .—For section 34 of the Abkari Act 1 of 1077 (hereinafter referred to as the principal Act), the following section shall be substituted, namely:— "34. Offenders may be arrested and contraband liquor, vehicles, etc., seized without warrant .—

1. (1) Any officer of the Excise Department or the Police Department may arrest without warrant in any public thoroughfare or open place other than a dwelling house, any person found committing an offence punishable under section 15C or section 55 or section 57 or section 58, and in any such thoroughfare or public place may —
   • (a) seize and detain — i. any liquor or intoxicating drug. ii. Any material, still, utensil, implement or apparatus; iii. Any receptacle, package or covering; and iv. Any animal, cart, vessel or other conveyance, which he has reason to believe to be liable to confiscation under this Act;
   • (b) search any person, animal, cart, vessel or other conveyance, package, receptacle or covering upon whom or in or upon which he may have reasonable cause to suspect any such liquor or intoxicating drug to be, or to be concealed.
2. (2) If the officer making an arrest under sub-section
3. (1) is not empowered under section 5A to admit to bail, the person arrested shall forthwith be produced before an officer so empowered.
4. (3) It shall be the duty of the officer empowered under section 5A to admit such person to bail if sufficient bail is tendered for his appearance before an Abkari Officer having jurisdiction to inquire into the case.".