section 128
Issue of warrants.
The Maharashtra Prohibition ActGeneral1949183 sections13 chapters
Chapter IX Powers and duties of officers and procedure.
Statutory text
- (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) 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.
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