Chapter IX Powers and duties of officers and procedure.

1[115. Magistrate’s power to impose enhanced penalties.-Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898 (V of 1898), 2* it shall be lawful for any Presidency Magistrate or any Magistrate of the First Class to pass any sentence authorized by this Act in exercise of his powers under section 32 of the said Code, provided that the fine shall not exceed three thousand rupees.]

In all trials for offences under this Act, the Magistrate shall follow the procedure prescribed in the Code of Criminal Procedure, 1898(V of 1898) 1* for the trial of summary cases in which an appeal lies.

1[116A. Tender of pardon to accomplice.- (1) Whenever two or more persons are prosecuted for an offence under this Act, a Presidency Magistrate or any Magistrate of the First Class may, at any stage of the investigation or inquiry into or the trial of offence, with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in, or privy to the offence, tender a pardon to such person on condition of his making a full and true disclosure of all facts within his knowledge relating to the offence.

1. (2) Every Magistrate, who tenders a pardon under sub-section (1), shall record his reasons for so doing.
2. (3) Every person, accepting a tender under this section, shall be examined as a witness in the Court of the Magistrate taking cognisance of the offence, and, in the subsequent trial, if any.
3. (4) The provisions of sections 339 and 339A of the Code of Criminal Procedure, 18982(V of 1898), shall apply to the trial of a person to whom pardon has been tendered under this section as they apply to a person to whom pardon has been tendered under section 337 or section 338 of that Code. Explanation.- For the purposes of sub-section (4), the reference to the Public Prosecutor, in section 339 of the said Code shall include a reference to any officer conducting a prosecution under this Act.]

Save as otherwise expressly provided in this Act, all investigations, arrest, detentions in custody and searches shall be made in accordance with provisions of the Code of Criminal Procedure, 18981(V of 1898): Provided that 2* * * * no search shall be deemed to be illegal by reason only of the fact that witnesses for the search were not inhabitants of the locality in which the place searched is situated.

1[118. Procedure of Code of Criminal Procedure relating to cognizable offences to apply.-In the absence of any provision to the contrary in this Act, the provisions of the Code of Criminal Procedure, 1898(V of 1898)2 with respect to cognizable offences shall apply to offences under this Act.

Offences under 1[sections 65, 67, 67A, 67C, 68, 70, 72, and 83] shall be non-bailable].

1[120. Power of entry and inspection.- The 2[Commissioner], Collector or any Prohibition Officer duly empowered in this behalf by the State Government, or any Police Officer may-

1. (a) enter at any time by day or by night, any warehouse, godowns, shop, premises, house, building, vessel, vehicle or enclosed place in which he has reason to believe that any intoxicant, hemp, mhowra flowers, molasses, material or article liable to confiscation under this Act is manufatured, kept or concealed or that any still, utensil, implement or apparatus is used, kept, or concealed for the purpose of manufacturing any intoxicant contrary to the provisions of this Act;
2. (b) in case of resistance break open any door and remove any other obstacles to the entry into any such warehouse, godown, shop, premises, house, building, vessel, vehicle or enclosed place;
3. (c) seize any intoxicant, hemp, mhowra flowers, or molasses and any material used in the manufacture of any intoxicant and any still, utensil, implement, or apparatus and any other thing which he has reason to believe to be liable to confiscation under this Act and any document or other article which he has reason to believe may furnish evidence of the commission of any offence under this Act; and
4. (d) detain and search and if he thinks proper arrest any person whom he has reason to believe to be guilty of any offence under this Act.]

1. (1) Any Prohibition Officer duly empowered in this behalf by the 1[State] Government or any Police Officer may open any package and examine any goods and may 2[stop and search] for any intoxicant, hemp, mhowra flowers, or molasses any vessel, vehicle or other means of conveyance 3[and may seize any intoxicant, hemp, mhowra flowers, molasses or any other thing liable to confiscation or forfeiture under this Act or any other law for the time being in force relating to excise revenue found while making such search.]
2. (2) The unloading and carrying of goods, the bringing of them to the place appointed under sub-section (3) for examination, the opening and repacking of them, where such operations 4[are necessary for searches made] under this section and the removing of goods to and placing of them in the place appointed under sub-section (3) 5[for examination or deposit] shall be performed by or at the expenses of the owner of such goods.
3. (3) The owner of goods or the persons incharge of the goods shall, if so required by any officer conducting the search, take the goods 6[to a place appointed in 7Greater Bombay by the Commissioner of Police, Bombay and elsewhere, by the District Magistrate] for the purpose of examination or deposit. 8[(4) The expenses incurred by the State Government for any of the purposes mentioned in sub-section (2) may be recovered from the owner, or as the case may be, the person-in-charge, of the goods as arrears of land revenue.]

1[l22. (1) The 9[Commissioner] or Collector or any Prohibition Officer duly empowered in this behalf by the State Government or any Police Officer may- (a) require a licensed manufacturer or vendor or tapper or drawer of toddy or a person in the employ of such manufacturer or vendor or tapper or drawer of toddy or 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 are growing, whether such trees are licensed for tapping or not, and any warehouse, godown, shop or premises in which any licensed manufacturer or vendor manufactures, stores, or sells any intoxicant, hemp, mhowra flowers or molasses and examine, test, measure or weight any stock of any such articles or cause any such stock to be examined, tested, measured or weighed. (2) If any officer mentioned in sub-section (1) finds that the holder of a licence, permit, pass or authorization 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 material or article in respect of which the offence is committed any document or other article which he has reason to believe may furnish evidence of the commission of an offence under this Act and send a report to his official superior for such action as he deems fit].

1[122.Power to require production of licences.- (1) The 9[Commissioner] or Collector or any Prohibition Officer duly empowered in this behalf by the State Government or any Police Officer may-

1. (a) require a licensed manufacturer or vendor or tapper or drawer of toddy or a person in the employ of such manufacturer or vendor or tapper or drawer of toddy or 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;
2. (b) enter and inspect, at any time by day or by night, any land on which toddy-producing trees are growing, whether such trees are licensed for tapping or not, and any warehouse, godown, shop or premises in which any licensed manufacturer or vendor manufactures, stores, or sells any intoxicant, hemp, mhowra flowers or molasses and examine, test, measure or weight any stock of any such articles or cause any such stock to be examined, tested, measured or weighed.

1. (2) If any officer mentioned in sub-section (1) finds that the holder of a licence, permit, pass or authorization 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 material or article in respect of which the offence is committed any document or other article which he has reason to believe may furnish evidence of the commission of an offence under this Act and send a report to his official superior for such action as he deems fit].

1. (1) The 1[Commissioner] or Collector or any Prohibition Officer specially empowered in this behalf by the 2[State] Government or a 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. (2) If any person fails to furnish any information in compliance with the 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.

The 1[Commissioner] or Collector or any Prohibition Officer duly empowered in this behalf or any Police Officer may-

1. (a) seize in any open place, or in transit any intoxicant, hemp, mohwra flowers or molasses or any other thing which he has reason to believe to be liable to 2[confiscation or forfeiture] under this Act or any other law for the time being in force relating to excise revenue 3[and any document or other article which he has reason to believe may furnish evidence of the commission of any offence under this Act];
2. (b) detain and search any person whom he has reason to believe to be guilty of any offence under this Act or any other law for the time being in force relating to excise revenue, and if such person has any intoxicant, hemp, mhowra flowers, molasses or 4[other thing] in his possession, arrest him.

The 1[Commissioner] or Collector or any Prohibition Officer duly empowered in this behalf by the 2[State] Government or any Police Officer may arrest without an order from a Magistrate and without warrant any person who obstructs him in the execution of his duties under this Act or who has escaped or attempts to escape from custody in which he has been or is lawfully detained under this Act.

1. (1) When any person who in the presence of the [Commissioner], Collector or any Prohibition Officer not below such rank as the 1[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 or residence may be ascertained.
2. (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 2[a Magistrate having jurisdiction] when so required : Provided that if such person is not resident in 3[India], the bond shall be secured, by a surety or sureties residing in 4[India]
3. (3) If the true name and residence of such person is not ascertained within twenty-four hours from the time of the arrest, or if he fails to execute the bond, or if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction

1. (1) The 1[Commissioneric95463, Collector or any Prohibition Officer duly empowered in this behalf 2[or in 3Greater Bombay, a Deputy Commissioner of Police or 4[an Assistant Commissioner of Police]] in charge of a Division, or a Magistrate or 5[a Superintendent of Police] or an Assistant or Deputy Superintendent of Police specially empowered by the 6[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 or any other law relating to the excise revenue for the time being in force;
   • (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, 7mhowra 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 8[mhowra flowers, molasses] or other thing liable to confiscation or forfeiture, under this Act or any other law for the time being in force relating to the excise revenue is kept or concealed 9[and for the seizure of such intoxicant, hemp, 10mhowra flowers, molasses or such other thing found in such building, vehicle or place.]
2. (2) All warrants issued under sub-section (1) shall be executed in accordance with the provisions of the Code of Criminal Procedure, 1898 (V of 1898), 11by a Police Officer or a Prohibition Officer duly empowered in this behalf or if the officer issuing warrant deems fit, by any other person.

1[l28A. Certain provisions to apply to denatured sprituous preparations.The provisions of sections 80, 98, 99, 103 (1), 104, 120, 121, 122, 123, 124, 125, 128, 135 and 139 shall apply to denatured sprituous preparations as they apply to any intoxicant under this Act.]

1. (1) The 1[State] Government may empower any Prohibition Officer to investigate offences under this Act.
2. (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 (V of 1898); 2upon an officer in charge of a Police Station for the investigation of congnizable offences.
3. (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 were the Prohibition Officer appointed for the area or for the purpose of investigating the said offence.
4. (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 a Magistrate empowered to take congnizance of the offence and shall make a full report of the case to his official superior and be guided by the order which he shall receive on such report.
5. (5) The powers of any officer empowered under this section shall be subject to such other modifications or restrictions as the 3[State] Government may deem fit.

1[129A. Power to require persons to submit to medical examination, etc.- (1) Where in the investigation of any offence under this Act, any Prohibition Officer, duly empowered in this behalf by the State Government or any Police Officer 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 other Officer as the State Government may appoint in this behalf.

1. (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 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.
2. (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.
3. (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 female 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.
4. (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 (XLV of 1860).
5. (6) 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.
6. (7) If any Prohibition Officer or Police Officer, vexatiously and unreasonably proceeds under sub-section (1) he shall, on conviction, be punished with fine which may extent to five hundred rupees.
7. (8) 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.

Any document purporting to be-

1. (a) a certificate under the hand of a registered medical practitioner, or the Chemical Examiner or Assistant Chemical Examiner to Government, under section 129A or of an officer appointed under sub-section (1) of that section, or
2. (b) a report under the hand of any registered medical practitioner, in any hospital or dispensary maintained by the State Government or a local authority or any other registered medical practitioner authorised by the State Government in this behalf in respect of any person, examined by him or upon any matter or thing duly submitted to him for examination or analysis and report, may be used as evidence of the facts stated in such certificate, or as the case may be, report, in any proceedings under this Act; but the Court may if it thinks fit, and shall, on the application of the prosecution or the accused person, summon and examine any such person as to the subject matter of his certificate or as the case may be report.]

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 1[or to any other officer duly empowered under section 129 if the 2[Commissioner] in any particular case has directed such officer to conduct the investigation of the offence].

1. (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 (V of 1898)1, to any person arrested without a warrant for an offence under this Act.
2. (2) When any person has been arrested under section 126, a Prohibition Officer empowered to investigate offence under this Act shall have power to grant bail in accordance with the provisions of the Code of Criminal Procedure, 1898. (V of 1898)2

1[When anything has been seized under the provisions of this Act by a Prohibition Officer exercising powers under section 129 or by on Officer-in-charge of a Police Station], or has been sent to him in accordance with the provisions of this Act, such officer, after such inquiry as may be deemed necessary, -

1. (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,
2. (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 Collector,
3. (c) if no offence appears to have been committed shall return it to the person from whose possession it was taken,

Duty of 1[officers of Government] and local authorities to assist. Every officer of the 2[Government] and every officer or servant of local authority, shall be 3[legally bound to assist any Prohibition Officer or] police officer or person authorised in this behalf in carrying out the provisions of this Act.

1[l34. Offences to be reported.- Every village officer or servant useful to Government, every officer of the State Government, and (with the consent of the Central Government) every officer of the Customs and Central Excise Departments, and every officer or servant of a local authority, and the Sarpanch of a Village Panchayat constituted under the 2Bombay Village Panchayats Act, 1958 (Bom. III of 1959), shall be bound -

1. (a) to give immediate information at the nearest Police Station or to any Officer or person authorised in this behalf of the commission of any offence and of the intention or preparation to commit any offence under this Act which may come to their knowledge;
2. (b) to take all reasonable measures in their power to prevent the commission of any such offence which they know or have reason to believe is about or likely to be committed.

1[l34A. Establishment of Gram Rakshak Dal. (1) The Village Panchayat constituted under the Maharashtra Village Panchayats Act (III of 1959) may, by resolution, or an application signed by not less than 25 per cent. of the Women voters of the Gram Sabha, may request the Sub-Divisional Magistrate of the area for convening a special Gram Sabha, for the purpose of establishment of Gram Rakshak Dal.

1. (2) (a) The Sub-Divisional Magistrate of the area on receipt of request under sub-section (1), shall call such special meeting of Gram Sabha.
   • (b) The form of application, the mode of submitting the application and manner of verification of authenticity of the applicants, under sub-section (1) shall be such as may be prescribed.
   • (c) The meeting of such Gram Sabha shall be conducted in the presence of the 2[Tahsildar or any officer not below the rank of Group-B officer of the State Government authorised by the Tahasildar of the area.
   • (d) The Gram Sabha may recommend the persons to be appointed as members of Gram Rakshak Dal.
   • (e) The Sub-Divisional Magistrate shall on recommendation of Gram Sabha establish a Gram Rakshak Dal.
   • (f) The term of the members of such Gram Rakshak Dalshall be of two years.
2. (3) The Gram Rakshak Dal shall consist of as many members as there are members in a Village Panchayat but it shall not be more than eleven.
3. (4) The eligibility for the appointment as a member of the Gram Rakshak Dal shall be such as may be prescribed.
4. (5) The Gram Rakshak Dal shall have adequate representation of Women and persons belonging to Scheduled Castes and Scheduled Tribes.
5. (6) Every member of the Gram Rakshak Dal shall be bound to give immediate information at the nearest Police Station or to any other Officer or person authorised in this behalf of the commission of any offence and of the intention or preparation to commit any offence under this Act which may come to his knowledge.
6. (7) The duties and responsibilities of the members of Gram Rakshak Dal shall be such as may be prescribed.]

Every person who owns or occupies any land or building, or who is landlord of an estate residing in the village, and the agent of such owner, occupier or landlord of the land, building or estate, as the case may be, on or in which there has been any unlawful tapping of toddy producing trees or unlawful manufacture of any liquor or intoxicating drug or unlawful cultivation or collection of hemp, and every owner of a vessel or vehicle in which liquor or intoxicating drug is manufactured contrary to the provisions of this Act, 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 immediately the same shall have come to his knowledge].

[Power to arrest and make orders detaining or restricting movements or actions of persons.] Deleted by Bom. 26 of 1962, s. 50.