Chapter V PROSECUTION AND TRIAL OF OFFENCES

Magistrate to try offences under this Act.

Cognizance of offence Cognizance of offence.

Offences to be cognizable and non-bailable Offences to be cognizable and non-bailable. Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Act No 2 of 1974) –

1. (1) every offence punishable under this Act shall be cognizable;
2. (2) no person accused of an offence punishable for a term of imprisonment for three years or more under this Act shall be released on bail or on his own bond unless –
   • (i) the Prosecutor has been given an opportunity to oppose the application for such release, and
   • (ii) where the Prosecutor opposes the application, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.

Liability to confiscation. Whenever an offence punishable under this Act has been committed, the following things shall be liable to confiscation, namely –

1. (1) the liquor, still, utensils, implement, apparatus or materials in respect of or by means of which such offence has been committed;
2. (2) any newspaper, news-sheet, book, leaflet, booklet, magazine or any other single or periodical publication containing any advertisement of liquor or of any preparation fit for use as liquor published in the state of Mizoram;
3. (3) the receptacles, packages, and coverings in which anything liable to confiscation under sub- section
4. (1) and
5. (2) of this Section is found and the other contents, if any, of such receptacles and packages and;
6. (4) the animals carts, vessels, rafts, vehicles or other conveyances used in carrying anything referred to in the foregoing clauses. Provided that no animal, cart, vessels, rafts, vehicles or other conveyances as specified in sub- section
7. (4) of this Section shall be liable to confiscation in case the owner thereof is able to prove that he has not been implicated in the commission of the offence: Provided further that in exceptional circumstances and for reasons to be recorded in writing, the Court may order the owner of such animal, cart, vessel, rafts vehicle or other conveyance to pay a fine as it deems fit in lieu of confiscation of such animal, cart, vessels, rafts, vehicles or other conveyance or as the case may be. Explanation:For the purposes of this section “owner” includes, in relation to any animal, Cart, vessel, rafts or other conveyance,–
   • (i) which is in the possession of a minor, the guardian of such minor,
   • (ii) which is the subject of hire purchase agreement, the person in possession thereof under the agreement.

Confiscation by court in trial cases.

Confiscation by Commissioner, Collector and other Excise Officers when no prosecution is launched Confiscation by Commissioner, Collector and other Excise Officers when no prosecution is launched. When an offence under this Act has been committed and the offender is not known or cannot be found when anything liable to confiscation under this Act is found or seized, the Commissioner or the Collector or any other Excise Officer duly authorized by the commissioner in this behalf may make an inquiry and if, after such inquiry, he is satisfied that an offence has been committed, may order such thing found to be confiscated: Provided that no such order shall be made before the expiry of one month from the date of seizure, or without hearing the person if any, who claim any right thereto and evidence, if any, which he produces in support of his claim.

Power of court to release certain offenders on probation.

1. (1) When any person is found guilty of an offence under Section 5
2. (2) of this Act and if the court by which he is found guilty is of the opinion with regard to age, character, antecedents or physical or mental condition of the offender, that it is expedient so to do then, notwithstanding anything contained in this Act or any other law for the time being in force, the court may, instead of sentencing him at once to any imprisonment, with his consent, direct that he be released for undergoing medical treatment for detoxification or de- addiction from a hospital or an institution maintained or recognised by Government and on his entering into a bond in the form prescribed by the Government, with or without sureties, to appear and furnish before the court within a period not exceeding one year, a report regarding the result of his medical treatment and, in the meantime, to abstain from the commission of an offence under Section 5
3. (2) of this Act.
4. (2) If it appears to the court, having regard to the report regarding the result of the medical treatment furnished under sub-section
5. (1) of this Section, that it is expedient so to do, the court may direct the release of the offender after due admonition on his entering into a bond in the form prescribed by the Government, with or without sureties, for abstaining from the commission of an offence under Section 5
6. (2) of this Act during such period not exceeding three years as the court may deem fit to specify or on his failure so to abstain, to appear before the court and receive sentence when called upon during period.

Power to compound offences.

1. (1) The Commissioner, or any Excise & Narcotics Officer not below the rank of Inspector authorized by the Commissioner, by general or special order in this behalf,–
   • (a) may impose a fine to any person who committed an offence punishable under Section 5(2), Section 6
2. (3) and Section 7
3. (1) of this Act, an amount not exceeding five thousand rupees in lieu of prosecution in the court of law;
   • (b) may, in any case in which any property has been seized as being liable to confiscation under this Act, confiscate or release the same by imposing a fine of such amount estimated by the competent authority as deem fit.
4. (2) When the payments referred to in sub-section
5. (1) have been duly made, the accused person, if in custody, shall be discharged, and the property seized, if any, shall be released or disposed of in a proper manner.

Bar to legal proceeding.

1. (1) No suit or other legal proceedings shall lie against any Excise & Narcotics or Police personnel in respect of anything which is done in good faith or intended to be done in pursuance of this Act or the rules made thereunder.
2. (2) No suit or other legal proceedings shall lie against the Government for any damage caused by anything which is done in good faith or intended to be done in pursuance of this Act or the rule made thereunder.

Limitation of suit and prosecutions.

1. (1) No Magistrate shall take cognizance of any offence charged against any Excise and Narcotics or Police personnel for the commission of an offence in course of the performance of duty under this Act unless the prosecution is instituted within one month of the commission of the act complained of.
2. (2) Notwithstanding anything contained in this Act or in any other law for the time being in force, when any Excise & Narcotics or Police personnel is accused of any offence to have committed by him while acting or purporting to act in the discharge of his official duty under this Act, no Court shall take cognizance of such offence, except with the previous sanction of the Government under Section 197 of the Code of Criminal Procedure, 1973 and section 19 of the Prevention of the Corruption Act, 1988, as the case may be.