Substitution of section 40

Substitution of section 40.—For section 40 of the principal Act, the following section shall be substituted, namely:- "40. Procedure on arrest and seizure.-(1)

1. (a) Any officer arresting a person under section 31. section 34 or section 35 shall inform him of the grounds for such arrest.
2. (b) Where an Abkari Officer arrests without warrant any person other than a person suspected of, or accused of, any non-bailable offence under this Act, such officer shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf.

1. (2) Every person arrested under section 30 shall be produced before, and the article seized under that section shall be forwarded to, without unnecessary delay, the Magistrate or the Commissioner, as the case may be, by whom the warrant was issued.
2. (3) Every person arrested under section 31 or section 34 or section 35 shall be produced before, and articles seized under section 31 or section 34 shall be forwarded to, without unnecessary delay,--
   • (a) to the officer in chare of the nearest Police Station; or
   • (b) to the officer empowered under section 5A, or to the Abkari Inspector.
3. (4) The authority or officer before whom any person is produced under sub-section
4. (2) or sub-section
5. (3) shall, take expeditious steps as provided in section 41.
6. (5) The authority or officer to whom any article is forwarded under sub-section
7. (2) or sub-section
8. (3) shall, with all convenient despatch, take necessary steps in accordance with law for disposal of such article."