Chapter V Chapter V

Prevention, Detection, Investigation, Prosecution and Trial of offences

1. (1) Any Excise or Police Officer not below the rank of 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 building, vessel, or enclosed place may, at any time by day or night,
   • (a) enter into any such building, vessel or place and conduct search; and in case of resistance, break open any door and remove any other obstacle to such entry ;
   • (b) seize 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 has reason to believe to have committed an offence against this Act relating to liquor, material, utensil, implement or apparatus ; 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 buildings, vessel or place at any time by day or night.
2. (2) When an officer received any information under sub-section
3. (1) or when the officer records the ground of his belief under proviso thereto, he shall forthwith send a copy thereof to immediate official superior.

Any Officer of Excise and Police Departments referred to in sub-section

1. (1) of section 50 of this Act may -
   • (a) seize, in any public place or in transit any liquor, material, utensil, implement or apparatus in respect of which he has reasons to believe that an offence punishable under this Act or the rules made thereunder, has been committed, and alongwith it, any document or other article which may furnish evidence of the commission of the offence, and
   • (b) detain, search and arrest any person whom he has reason to believe to have committed an offence under this Act.

Any magistrate having the power of the Judicial Magistrate of the first class shall try any offence punishable under this Act.

1. (1) Any magistrate of the first class or an officer of the Excise Department not below the rank of Superintendent of Excise, as case may be, may issue warrant of arrest of any person whom he has reason to believe to have committed an offence punishable under this Act or the rules made thereunder or for the search, whether by day or by night, of any buildings, vessels or places in which he has reason to believe that any liquor, material, utensil, implement or apparatus, in respect of which an offence punishable under this Act has been committed, is kept or concealed.
2. (2) The Officer to whom a search warrant under sub-section
3. (1) is addressed shall have all the powers of an Officer under section 51.

1. (1) The State Government may invest any Officer of the Excise Department not below the rank of Sub-Inspector the powers of an Officer-in-charge of a Police Station for the purposes of investigation and prosecution of offences under this Act.
2. (2) The State Government may invest any officer of the Police Department with such powers, impose upon him such duties and direct him to perform such functions under this Act, rules or orders made thereunder, as may be deemed necessary, and such officer shall thereupon, exercise the said powers, discharge the said duties and perform the said functions in addition to the powers, duties and functions in substantive capacity.
3. (3) Save as otherwise as expressedly provided in this Act, the provisions of the Code of Criminal Procedure, 1973 shall apply to the investigation and trial of offences against this Act and the rules made thereunder.

Every Officer of the Government, every member of a Village Council, and Village Defence Party shall be bound to give immediate information to the nearest Excise or Police Station 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.

Every person who owns or occupies any land or building, or who is a landlord of an estate and the agent of such owner, occupier or landlord of the land, building or estate, as the case may be, in which there has been any unlawful manufacture of any liquor or any owner of a vessel or vehicle in which liquor is manufactured or carried shall in the absence of reasonable excuse, be bound to give notice of the same to the Excise or Police Officer immediately after the same have come to his knowledge.

Any Officer making an arrest or seizure under this Act shall, within twenty-four hours of such seizure and arrest make a full report of all the particulars of such arrest or seizure to his immediate official superior, and produce the arrested person before a magistrate.

Cognizance of offence No Court shall take cognizance of an offence under this Act unless a complaint in this regard is made by the Collector or any other officer duly authorised by him in this behalf.