section 18
Certain officers empowered to investigate offences under Act
The Bombay Opium Smoking Act, 1936General193643 sections
Statutory text
- (1) The Commissioner, Collector and any officer duly empowered in this behalf shall, within the area for which they are appointed, have power to investigate all offences punishable under this Act.
- (2) Any 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 police station for the investigation of cognizable offences.
- (3) Any officer to whom such officer is subordinate may, during the course of the investigation, take over the investigation himself or direct any other 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 officer appointed for the area or for the purpose of investigating the said offence.
- (4) If the 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 cognizance 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) The powers of an officer empowered under this section shall be subject to such other modifications or restrictions as the State Government may deem fit.
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