(1) The Collector may, without the order of a Magistrate, investigate any offence punishable under this Regulation which a court having jurisdiction over the local area within the limits of the Collector's jurisdiction would have power to try.
(2) The Collector may, after recording in writing his reason for suspecting the commission of an offence which he is empowered to investigate, exercise any of the powers conferred upon a Police Officer making an investigation, or upon an officer in charge of a police-station by sections , 160 to 171 of the Code of Criminal Procedure, 1898.
(3) The Collector may, without reference to a Magistrate and for reasons to be recorded by him in writing, stop further proceedings against any person concerned, or supposed to be concerned in any offence which he has investigated.
(4) As soon as an investigation by the Collector has been completed, if it appears to him that there is sufficient evidence to justify the forwarding of the accused to a Magistrate, the Collector shall submit a report [which shall, for the purposes of section 190 of the Code of Criminal Procedure, 1898, be deemed to be a police report] to a Magistrate having jurisdiction to try the case and empowered to take cognizance of offences on police reports.
(5) The powers conferred on the Collector by this section n^ay, subject to the control of the Collector, be exercised by an Excise-officer, duly empowered by the Chief Commissioner in this behalf.
Powers ot Collector to investigate offences.
15. Whenever any person arrested under this Regulation is prepared to furnish bail to the satisfaction of the officer making the arrest, he shall be released on bail, or at the discretion of the officer making the arrest on his own bond.
Bail and security.
16. Every officer of the Police, Forest or Land Revenue Department shall be bound to give reasonable aid to the Collector and Excise-officers in carrying out the provisions of. this Regulation upon a request made bv such officer.
Aid to Collector and Exciseofficers.
17. On the conclusion of a trial for an offence under this Regulation, the Magistrate may order that any prepared opium and any instrument or appliance in respect of, or by means of which such offence ha,s been committed, or appears to have been committed, or any receptacle, package or cover- Power of Magistrate to confiscate or destroy articles seized.
100 THE GAZETTE OF INDIA EXTRAORDINARY [PAHT II Ing in which such prepared opium, instrument or appliance was found and any other contents of such receptacle, package or covering shall be confiscated or destroyed.
Offences tri able by certain MagiS' trates only.
18. No Magistrate other than a Magistrate of the first class or a Magistrate of the second class specially empowered by the Chief Commissioner in this behalf, shall try any offence punishable under this Regulation.
Cognizance of offences. 19. No Magistrate shall take cognizance of an offence punishable under this Regulation except on the complaint or report of the Collector or an Excise-officer or a Police Officer (not below the rank of a Sub-lnspector).
Indemnity, 20. No suit, prosecution or other legal proceedings shall He against any person In respect of anything which is In good faith done or intended to be done under this Regulation.
Power to make rules. 21. The Chief Commissioner may, by notification, make rules for the purpose of carrying into effect the provisions of this Regulation.
Provided that no such rule shall authorise the registration of opium smokers after the commencement of this Regulation.
Provided further that in making such rules, the Chief Commissioner may cancel, rescind, vary or otherwise amend any order or notification made or Issued by him before the commencement of this Regulation.
Regulation X of 1940.
22. The Andaman Islands Opium Smoking Regulation, 1940 is hereby repealed.
Repeal THE SCHEDULE BOND TO ABSTAIN FROM THE COMMISSION OF OFFENCES UNDER THE ANDAMAN AND NICOBAR ISLAND OPIUM SMOKING (PROHIBITION) REGULATION, 1955.
(See section 10) Whereas I (name) ™<L o f wife (father's name or husband's name) Inhabitant of (place) t have been called upon to enter Into a bond to abstain from the commission of offences under the Andaman and Nicobar Islands Opium Smoking (Prohibition) Regulation, 1955 for the term of (period) I hereby bind myself not to commit any Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 161 such offence during the said term, and in case of my making default therein, I hereby bind myself to forfeit to Central Government, the sum of rupees Dated this day of 19 Signature.
(Where a bond with sureties is to be executed, add.)
We do hereby declare ourselves sureties for the above-named that he will abstain from the commission of offences under the Andaman and Nicobar Islands Opium Smoking (Prohibition) Regulation, 1955 during the said term, and, in case of his making default therein, we bind ourselves, jointly and severally to forfeit to the Central Government the sum of rupees Dated this day of
19.. . .
Signature.
Signature.
RAJENDRA PRASAD, President.
K. Y. BHANDARKAR, Secy, to the Govt, of India.
PRINTED IN INDIA BY THE MANAGER, GOVT. OF INDIA PRESS, NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS, DELHI, 1955