section 25
Power of entry, search, seizure and arrest
The Mizoram Liquor (Prohibition) Act, 2019General201954 sections6 chapters
Chapter IV PREVENTION, DETECTION AND INVESTIGATION
Statutory text
- (1) Any Excise & Narcotics or Police Officer not below the rank of Assistant Sub-Inspector who has reason to believe, from personal knowledge or from information received from any person that any liquor, material, utensil, implement or apparatus in respect of which an offence punishable under this Act or the rules made thereunder is kept or concealed in any house, building, shop, tent, vessel, raft, vehicle, land or place may at any time between sunrise and sunset –
- (a) enter into any such house, building, shop, tent, vessel, raft, vehicle, land or place and conduct search; and in case of resistance, break open any door and remove any other obstacle to such entry;
- (b) seized such liquor, material, utensil, implement, or apparatus, and any document or apparatus, or other articles which may furnish evidence of the commission of the offence;
- (c) detain, search and arrest any person whom he as reason to believe to have committed an offence against this Act relating to liquor, material, utensil, implement or apparatus;
- (d) may employ breathalyzer or as such device for proof of alcohol consumption. If any person resist the use of such device, it shall be presumed that he has consumed liquor and charged accordingly. Any test result or report of such device shall be admissible as evidence in the court. Provided that if such officer has reason to believe that a search warrant cannot be obtained without affording opportunity for the concealment of evidence or facilitate the escape of an offender, he may after recording the grounds of his belief, enter and search such house, building, shop, tent, vessel, raft, vehicle, land or place at any time between sunset and sunrise.
- (2) When an officer received any information he shall, within 48 hours, send a copy thereof to his immediate official superior.
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