Adapted in G.

O.Ms.No.162, Revenue (Excise-II) Department, dated 10.09.2015. Power of entry and inspection. Act 17 of 1968. Power to use force in case of resistance to entry. Arrest of offenders and seizure of contraband liquor and articles without warrant.

16 [Act No.17 of 1995]

1. (c) may search any person, vessel, vehicle, animal, package, receptacle or covering, upon whom or in which, he may have reasonable cause to suspect any such liquor or other article or to be concealed.

22. Any person, who may be accused or reasonably

suspected of committing an offence under this Act, and who on demand made by any Prohibition Officer or any Police Officer

45[not below the rank of a Sub-Inspector] refuses to give his name and residence or who gives a name or residence which such officer has reason to believe to be false, may be arrested by such Officer in order that his name and residence may be ascertained.

23. Any person arrested under this Act, shall be informed, as soon as may be of the grounds for such arrest and save as otherwise expressly provided in this Act, the provisions of the Code of Criminal Procedure, 1973, relating to arrests, detention in custody, searches, summons, warrants of arrests, search warrants, the production of persons arrested and the disposal of things, seized shall apply, as far as may be, to all actions taken in these respects under this Act.

24. (1) Any Prohibition and Excise Officer

45[not below the

rank of a Sub-Inspector] may, as regards offences under this Act, exercise within such area as may be notified in this

behalf, powers conferred on an Officer incharge of a police

station by the provision of Code of Criminal Procedure, 1973:

Provided that any such power shall be subject to such restrictions and modifications, as may be prescribed.

1. (2) For the purposes of section 156 of the said Code

the area in regard to which a Prohibition and Excise Officer

⁴⁵ Substituted by Act No.35 of 1995.

Arrest of persons refusing to give name or giving false name. Arrest, search etc., how to be made.

Central Act II of 1974. Power to Prohibition and Excise Officer in matters of investigation. Central Act II of 1974.

[Act No.17 of 1995] 17

is empowered under sub section (1) shall be deemed to be a police station and such officer shall be deemed to be the officer-in-charge of such station.

25. Notwithstanding anything contained in the code of

Criminal Procedure 1973, all offences under this Act, shall be cognizable and provisions of the said code with respect to cognizable offences shall apply to them:

46[Provided that the offences punishable with imprisonment for a term not exceeding two years under this Act shall be tried in accordance with the procedure prescribed in Chapter XXI of the Code of Criminal Procedure, 1973.]

47[25A. If any person after having been previously convicted of an offence punishable under this Act, subsequently commits and is convicted of an offence punishable under this Act, he shall be liable upto twice the punishment which might be imposed on the first conviction under this Act.]

26. Any officer or person exercising powers under this Act

who,-

1. (a) without reasonable ground of suspicion enters or searches or causes to be searched any closed place; or
2. (b) vexatiously and unnecessarily seizes the property of any person on the pretence of seizing or searching for anything liable to confiscation under this Act; or
3. (c) vexatiously and unnecessarily detains, searches or arrests any person; or