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Section 46

The Punjab Excise Act, 1914Union territory Act of Chandigarh · Act 1 of 1914

(1) The Lieutenant Governor of Delhi may, by notification, invest any excise officer, not below the rank of sub-inspector, with the power to investigate any offence, punishable under this Act, committed within the limits of the area in which the officer exercises jurisdiction.

(2) Every officer so empowered may, within these limits, exercise the same powers in respect of such investigation as an officer in charge of a 34 police station may exercise in a cognizable case under the provisions of Chapter XIV of the Code of Criminal Procedure, 1898.

Powers of arrest, seizure and detention.

47. Any officer of the excise, police, salt or land revenue department, not below such rank and subject to such restrictions as the Lieutenant Governor of Delhi may prescribe, and any other person duly empowered by notification by the Lieutenant Governor of Delhi in this behalf, may arrest without warrant any person found committing an offence punishable under Section 61 or Section 63, and may seize and detain any intoxicant or other article which he has reason to believe to be liable to confiscation under this Act or other law for the time being in force relating to excise revenue, and may detain and search any person upon whom and any vessel, raft, vehicle, animal, package, receptacle or covering in or upon which he may have reasonable cause to suspect any such article to be.

Power of a magistrate to issue warrant for search or arrest.

48. A magistrate having reason to believe that an offence under Section 61 or 63 has been, is being or is likely to be, committed, may –

(a) issue a warrant for the search of any place in which he has reason to believe that any 2(intoxicant), still, utensil, implement, apparatus or material, in respect of which such offence has been, is being, or bis likely to be committed, are kept or concealed; and

(b) issue a warrant for the arrest of any person whom he has reason to believe to have been, to be, or to be likely to be, engaged in the commission of any such offence.

Power of excise officer to 49. (1) Whenever any excise officer, not below such rank as the Lieutenant Governor of Delhi may, by notification prescribe, has reason to believe 35 sarch without warrant. that an offence punishable under section 61, section 62, section 63 or section 64, has been, is being, or is likely to be committed in any place, and that a search warrant cannot be obtained without affording the offender an opportunity of escape or of concealing evidence of the offence, he may, at any time, by day or night, enter and search such place.

Further powers of seizure, detention, search and arrest.

(2) Every excise officer as aforesaid may seize anything found in such place which he has reason to believe to be liable to confiscation under this act, and may detain and search and, if he thinks proper, arrest any person found in such place whom he has reason to believe to be guilty of such offence, as aforesaid.

Powers of excise officers to obain information.

Where this provision sits

ActThe Punjab Excise Act, 1914
Section46
JurisdictionUnion territory of Chandigarh
StatusIn force as published by the source

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