(1) When any person who in the presence of the 2[ Director], Collector or any Prohibition Offi cer not below such rank as the 5 [State] Government may determine, as committed or has been accused of committing an offence under this Act, refuses on demand of such offi cer to give his name and residence or gives a name and residence which such offi cer has reason to believe to be false, he may be arrested by such offi cer, in order that his name or residence may be ascertained.
(2) When the true name and residence of such person have been ascertained, he shall be released on his executing a bond with or without sureties, to appear before 6[a Magistrate having jurisdiction ] when so required :
Provided that if such person is not resident in 7[India], the bond shall be secured by a surety or sureties residing in 7[ India ].
(3) If the true name and residence of such person is not ascetrained within twenty four hours from the time of the arrest, or if he fails to execute the bond, or if so required, to furnish suffi cient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction.
1. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2. This word was substituted for the word “Commissioner” by Bom. 28 of 1950, Seh.
3. These words were substituted for the word “confi scation” by Bom. 22 of 1960, s.83 (a).
4. These words were added, ibid.,
5. These words were substituted for the words “any other thing “, ibid., s. 83(b).
6. These wotds were substituted for the words ‘‘a magistrate” by Bom. 21 of 1954, s. 3, Second Schedule.
7. This woids was substituted for the words “the Dominion of India” by the Adaptation of Laws Order, 1950.
Power to obtain information Power to seize intoxicants, etc.
Arrest without warrant.
Arrest of offenders failing to give names.
1949 : Bom. XXV ] Gujarat Prohibition Act., 1949 53 H-2065—14