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Section 70

The Dadra and Nagar Haveli Excise Regulation, 2012Regulations · 2012

(1) Whenever any intoxicant is manufactured, cxported, imported or transported, collected or possessed or sold, in contravention of any provision of this Regulation, the owner or occupier of such land or building or his agent, and every officer of police and land revenue department, local bodies and block development officer shall, in the absence of reasonable excuse, be bound to give notice of the fact to a Magistrate or to an officer ofthe excise department as soon as the fact comes to his knowledge.

(2) Every Excise Officer shall be bound to glve immediate information to his immediate superior of all breaches of ar~y of the provisions of this Regulation. which may come to his knowledge under sub-section (I) or otherwise.

71. (I) Any authorised Excise OScer n a y search any place, seize any article, arrest or detain any person if there is a reasonabie dotibt that such place, article or person is involved in commission of any offence under this Regulation:

Provided that no search shall be deemed to be irregular by reason only of the face that witiless for tile search is not inhabitslnt of @ ~ ~ ~ ~ ~ ~ ~ _ ~ h i c ; h . ~ I ~ e . . ~ i a c e ~ s ~ , a r . c h & - i ~ . ~ ~ &Tf.ms&2&~~~~. =,L~ ee.e.*a*-~." -s--: a=.- -----.-5-- SFC. 11 THE GAZETIE ---. OF INDIA EXWOmINARY 2 1 _ ---- - /--

(2) Save as otherwise expressly provided in this Regulation, the provisions of the code of Criminal Procedure, 1973 relating to search, seizure, arrest, detention, summon and investigation sha!l apply? as far as may be, to all actions taken under this Regulation.

42. Every officer-in-charge of a police station shall take charge of and keep in safe custody, pending the orders of a Magistrate or of the Deputy Commissioner, all articles seized under this Regulation which may be delivered to him and shall allow.any officer of the Excise Department who may accompany such articles, to affur his seal to such articles and to take samples ofand from them. All samples so taken shall also be sealed with the seal of the officer-in-charge of the police station.

73, A11 major offences under this Regulation shall be cognizable and the provisions of the Code of Criminal Procedure, 1973 shall apply to them.

44. All offences punishable under this Regulation with imprisonment of two years and more shall be non-bailable and the provisions ofthe Code of Criminal Procedure, 1973, with respect to non-bailable offences shall apply to those offences.

75. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the Magistrate shall have power to try summarily in accordance with the provisions contained in sections 262 to 265 of that Code, all or any of the offences which are punishable under this Regulation with imprisonment for a term not exceeding six months or with fine, or with both.

Where this provision sits

ActThe Dadra and Nagar Haveli Excise Regulation, 2012
Section70
StatusIn force as published by the source

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