(1) If the Commissioner of Police or the District Superintendent of Police, as the case may be, considers that in any gram, nagar, municipal borough or city, or in any locality thereof it is necessary to have a list of local persons liable to serve as pancha witnesses for searches made and for such other purposes connected with the investigation of offences under this Act, the Commissioner of Police or the District Superintendent of Police, as the case may be, may request the gram panchayat, the nagar panchayat, the municipality, or the municipal corporation, of such gram, nagar, municipal borough or city respectively to prepare and maintain such list for such gram, nagar, municipal borough, city or any locality thereof, and thereupon it shall be the duty of such panchayat, municipality or municipal corporation to prepare and maintain such list.
1. This section was inserted by Bom. 22 of 1960, s. 77.
2. The words “a Presidency Magistrate or” were omitted by the Gujarat Adaptation of aws ( State and Concurrent Subjects ) Order, 1960.
3. Section 116-B was inserted by Guj. 9 of 1978, s. 13.
4. Section 116 C was inserted by Guj. 29 of 2011, s. 8.
5. The words beginning with the words “in any local area and ending with the words “ State Government” were deleted by Born. 26 of 1952, s. 46.
6. Section 117 A was inserted by Guj. 9 of 1978, s. 14.
V of
1898.
Procedure to be followed by Magistrates Tender of pardon of accomplice.
V of 1898.
No analysis required for known brand of liquor.
Duty to send sample to laboratory.
V of 1898. Investigations, arrests searches, etc., how to be made.
Maintenance of List of Panchas.
50 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV
(2) The State Government shall, by rules, prescribe the age and qualifi cations of persons who may be considered suitable for being included in any such list, the procedure for preparing, publishing and maintaining such list and the period for preparing, publishing and maintaining such list and the period for which such list shall remain in force.
(3) Every person whose name is included in such list shall, when so required by a prohibition offi cer or a police offi cer, be bound to serve as a pancha witness. ] 1[118. In the absence of any provision to the contrary in this Act the provisions of the Code of Criminal Procedure, 1898, with respect to cognizable offences shall apply to offences under this Act.
119. Offences under 2[sections 65, 65A, 67, 67-1A and 68] shall be non-bailable. ] 3[120. The Director, Collector, or any Prohibition Offi er duly empowered in this behalf by the State Government, or any Police Offi cer may—
(a) enter at any time by day or by night, any warehouse, godown, shop, premises, house, building, vessel, vehicle or enclosed place in which he has reason to believe that any intoxicant, hemp, mhowra fl owers, molasses, material or article liable to confi scation under this Act is manufactured, kept or concealed or that any still, utensil, implement or apparatus is used, kept, or concealed for the purpose of manufacturing any intoxicant contrary to the provisions of this Act;
(b) in case of resistance, break, open any door and remove any other, obstacle to his entry into any such warehouse, godown, shop, premises, house, building, vessel, vehicle or enclosed place ;
(c) seize any intoxicant, hemp, mhowra fl owers or molasses and any material used in the manufacture of any intoxicant and any still, utensil, implement or apparatus and any other thing which he has reason to believe to be liable to confi scation under this Act and any document or other article which he has reason to believe may furnish evidence of the commission of any offence under this Act ; 4[* ] 5[(cc) destory any earthen pot or other receptacle found hanging on a toddy producing tree, if he is satisfi ed that the person by whom or on whose behalf the pot or receptacle is so hung is not known or cannot be found and he has reason to believe that an offence specifi ed in clause (c) or (d) of sub-section (1) of section 66 is committed ; and ]
(d) detain and search and if he thinks proper arrest any person whom he has reason to believe to be guilty of any offence under this Act.]