(1) The Lieutenant Governor of Delhi may empower any excise officer to grant bail, notwithstanding that such officer is not empowered under section 46.
(2) When a person is arrested under this Act, otherwise than on warrant, by a person or officer who is not empowered to grant bail, he shall be produced before or forwarded to –
(a) the nearest excise officer empowered to grant bail, or
(b) the nearest officer in charge of a police station.
(3) Whenever any person arrested under this Act, otherwise than on a warrant is prepared to give bail, and is arrested by, or produced in accordance with sub section (2) before an officer empowered to grant bail, he shall be released upon bail, or at the discretion of the officer releasing him, on his own bond.
(4) The provisions of sections 499 to 502, 513, 514 and 515 of the Code of Criminal procedure, 1898 shall apply, so far as may be, in ever case in which bail is accepted or a bond taken under, this section,
74. Repealed Cognizance of Offences 75. (1) No magistrate shall take cognizance of an 56 offence, punishable-
(a) Under Section 61 or Section 66, except on his own knowledge or suspicion or on the complaint or report of an excise officer, or
(b) Under section 62, section 63 and section 64 section 65, Section 68 or Section 70, except on the Compliant or report of the Collector or an excise officer authorized by him in that behalf.
(2) Except with the special sanction of the Lieutenant Governor of Delhi , the magistrate shall take cognizance of any offence punishable under this Act, unless the prosecution is instituted within a year after the date on which the offence is alleged to have been committed.
Presumption as to commission of offence in certain cases.
76. Whenever any person is found in possession of-
(a) any still, utensil, implement or apparatus whatsoever or any part or parts thereof, such as are ordinarily used for the manufacture;
(b) any material which have undergone any process towards the manufacture of an intoxicant or from which an intoxicant has been manufactured;
It shall be presumed, until the contrary is proved, that his possession was in contravention of the provisions of this Act.
Presumption as to commission of offence in prosecution under Section 63 of the Act.
76- A In prosecutions under Section 63, it shall be presumed without further evidence, until the contrary is proved, that the accused person has committed an offence under that Section in respect of any denatured spirit which has been or attempted to be 57 rendered fit for human consumption.
Liability of employer for offence committed by the employee or agent
77. The holder of a licence, permit or pass under this Act, as well as the actual offender, shall be liable to punishment for any offence punishable under section 61, section 62, section 63, section 64 or section 65, committed by any person in his employ or acting on his behalf as if he had himself committed the same, unless he shall establish that all due and reasonable precautions were exercised by him to prevent the commission of such offence;
Provided that no person, other than the actual offender, shall be punished with imprisonment except in default of payment on fine.
Confiscation of articles in respect of which offence committed.