(1) Save as in this Act otherwise expressely provided, the provisions of the Code of Criminal Procedure Code, 1973 relating to arrests, searches, warrants of arrest and search warrant shall apply, so far as may be, to like warrants issued and to arrests and searches made under the provisions of this Act.
Central Act II of
1974.
(2) For the purposes of the aforesaid provisions a Collector shall be deemed to be a Court.
(3) Warrants issued by a Collector shall ordinarily be directed to one or more Excise Officers.
812 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 11, 2000
(4) Officers to whom a Collector's warrants -x.
is directed or endorsed, and officers other than Collectors making arrests, searches and seizures under section 38 or section 41 shall, for the purpose of the aforesaid provisions of the Code Central of Criminal Procedure, 1973 deemed to be ^ct II of Police Officers. 1 9 7 4 , Maximum period of detention.
48. No person arrested under the provisions of this Act shall be detained in custody for a longer period than under all the circumstances of the case is reasonable and such period shall not exceed twenty four hours exclusive of the time necessary for the journey from the place of arrest to the place where the Collector or other officers empowered under section 42 to investigate, as the case may be, and then to the Court of Magistrate having jurisdiction to inquire into or try the case.
Bail 49. (1) When a Collector issues a warrant for the arrests of any person under this Act, he shall in every such case direct in the manner provided in section 71 of the Code of Criminal Procedure, 1973 that such person shall be released from 2 Cofr i1974C custody on bail or, if the Collector thinks fit, on his own bond.
(2) When any person is arrested otherwise than under a warrant under this Act and is prepared to give bail, he shall be released on bail, or, at the discretion of the officer releasing him, on his own bond.
(3) All Excise Officers, not below such rank as the State Government may prescribe, shall be empowered to accept bail.
(4) If the arrest be made, otherwise than under a warrant, by a person or officer not empowered to accept bail, and the person arrested is prepared to give bail, the officer or the person making the arrest shall, for that purpose, take the person arrested to -
(a) the nearest Excise Officer empowered to accept bail, or
(b) the nearest Officer-in-charge of a Police Station whoever is nearer.
(5) Bonds taken under this section from persons arrested otherwise than under warrant shall bind such persons to appear before a Collector or other officer empowered under section 42 to investigate the case.
THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 11, 2000 813 >" - In form ation and aid to Excise O fficers.
Obligation on landhold ers and other to give in formation in certain cases, The closing of retail shops for the preservation of public peace.
(6) The provisions of sections 439 to 449 of the Code of Criminal Procedure, 1973 shall apply, so far as may be, in every case in which bail is accepted or a bond taken under this section.
50. Subject to such conditions, if any, as the State Government may, by notification prescribe, every officer employed in the Police, Customs Departments, every officer employed by Civil Defence Department, every village gaobura and within such areas as the State Government may, by notification, direct, such officers of the Land Revenue Department, as may be specified in such notification, shall be boundfa) to give immediate information to an Excise Officer of all branches or any of the provisions of this Act which may come to his knowledge, and
(b) to aid an Excise Officer reasonably demanding his aid in the due carrying out of any of the provisions of this Act.
51. In such areas as the State Government may, by notification, direct, and subject to such conditions, direct, and subject to such conditions and exceptions, if any, as it may, by notification prescribe, whenever any intoxicant is manufactured, or any hemp plant is cultivated or collected on any land, or any place or village, in contravention of the provisions of this Act, all owners and occupiers of such land or place, and their agents and all members of the Panchayats village headman, mauzadars, mandals, patwaris, and village recorders in such village, as the case may be, shall, in the absence of reasonable excuse, be bound to give information of the fact to a Collector, to a Magistrate or to any officer of the Excise or Police Department as soon as such fact may come to their knowledge.