Power of entry, search, seizure and arrest

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.