(1) The 3[State] Government may empower any Prohibition Offi cer to investigate offences under this Act.
(2) An offi cer empowered under sub-section (1) shall in the conduct of such investigation exercise the powers conferred by the Code of Criminal Procedure, 1898, upon an offi cer-in-charge of a Police Station for the investigation of cognizable offences.
(3) Any Prohibition Offi cer to whom such offi cer is subordinate may, during the course of the investigation, take over the investigation himself or direct any other Prohibition Offi cer duly empowered to conduct the same. The offi cer in conducting the investigation shall have the same power under sub-sections (1) and (2), as if he were the Porhibition Offi cer appointed for the area or for the purpose of investigating the said offence.
(4) If the Prohibition Offi cer conducting the investigation is of opinion that there is not suffi cient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate, or that the person arrested may be discharged with a warning, such offi cer shall release him on his excepting a bond with or without sureties, to appear, if and when so required, before a Magistrate empowered to take cognizance of the offence, and shall make a full report of the case to his offi cial superior and be guided by the order which he shall receive on such report.
1. This word was substituted for the word “Commissioner” by Bom. 28 of 1950, Sch.
2. The words “or in Greater Bombay, Deputy Commissioner of Police or a Superintendent of Police in charge of a Division” which were inserted by Bom. 26 of 1952, s. 48(1) were omitted by the Gujarat Adaptation of Laws ( State and Concurrent Subjects ) Order, 1960.
3. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
4. The word “opium” was deleted by Bom. 22 of 1960, s. 84.
5. These words were substituted for the words “or opium” ibid., s. 84.
6. These words were inserted by Bom. 26 of 1952, s. 48 (2).
7. Section 128-A was substituted by Bom. 22 of 1960, s. 85.
8. These words were substituted for the words “denatured spirituous preparations” by Guj. 9 of 1978, s. 15.
Issue of warrants.
V of
1898.
Certain provisions to apply to denatured spirituous prepartions.
Prohibition Offi cers may be empowered to investigation offences.
V of 1898.
54 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV
(5) The powers of any offi cer empowered under this section shall be subject to such other modifi cations or restrictions as the 1[ State ] Government may deem fi t.
2[129 A. (1) Where in the investigation of any offence under this Act, any Prohibition Offi cer duly empowered in this behalf by the State Government or, any Police Offi cer, has reasonable ground for believing that a person has consumed an intoxicant and that for the purpose of establishing that he has consumed an intoxicant or for the procuring of evidence thereof it is necessary that his body be medically examined, or that his blood be collected for being tested for determining the percentage of alcohol therein, such Prohibition Offi cer or Police Offi cer may produce such person before a registered medical practitioner (authorised by general or special order by the State Government in this behalf) for the purpose of such medical examination or collection of, blood and request such registered medical practitioner or furnish a certifi cate on his fi nding whether such person as consumed any intoxicant, and to forward the blood collected by him for test to the Chemical Examiner or Assistant Chemical Examiner to Government, or to such other offi cer as the State Government may appoint in this behalf.
(2) The registered medical practitioner before whom such parson has been produced shall examine such person and collect and forward in the manner prescribed the blood of such person, and furnish to the offi cer by whom such person has been produced, a certifi cate in the prescribed form containing the result of his examination. The Chemical Examiner or Assistant Chemical Examiner to Government, or other offi cer appointed under sub-section (1), shall certify the result of the test of the blood forwarded to him, stating therein, in the prescribed form, the percentage of alcohol, and such other particulars as may be necessary or relevant.
(3) If any person offers resistance to his production before a registered medical practitioner under sub-section (1) or on his production before such practitioner to the examination of his body or to the collection of his blood, it shall be lawful to use all means reasonably necessary to secure the production of such person or the examination of his body or the collection of blood necessary for the test.
(4) If the person produced is a female, such examination shall be carried out by, and the blood shall be collected by or under the supervision of a female registered medical practitioner authorised by general or special order, by the State Government in this behalf, and any examination of the body, or collection of blood of such female shall be carried out or made with strict regard to decency.
(5) Resistance to production before a registered medical practitioner as aforesaid, or to the examination of the body under this section, or to the collection of blood as aforesaid, shall be deemed to be an offence under section186 of the Indian Penal Code.
(6) Any expenditure incurred for the purpose of enforcing the provisions of this section including any fees payable to a registered medical practitioner or the Offi cer appointed under sub-section (1) shall be defrayed out of moneys provided by the State Legislature.
(7) If any Prohibition Offi cer or Police Offi cer vexatiously and unreasonably proceeds under sub-section (1), he shall, on conviction, be punished with fi ne which may extend to fi ve hundred rupees.
(8) Nothing in this section shall preclude the fact that the person accused of an offence has consumed an intoxicant from being proved otherwise than in accordance with the provisions of this section.
129 B. Any document purporting to be :—
(a) a certifi cate under the hand of a registered medical practitioner, or the Chemical Examiner or Assistant Chemical Examiner to Government, under section 129 A or of an offi cer appointed under sub-section (1) of that section, or
1. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2. Sections 129 A and 129 B were inserted by Boru. 12 of 1959, s. 16.
Power to require persons to submit to medical examination, etc.
XLV of
1860.
Documents or reports of registered medical parctitioner etc. as evidence.
1949 : Bom. XXV ] Gujarat Prohibition Act., 1949 55
(b) a report under the hand of any registered medical practitioner in any hospital or dispensary maintained by the State Government or a local authority, or any other registered medical practitioner authorised by the State Government in this behalf, in respect of any person examined by him or upon any matter or thing duly submitted to him for examination or analysis and report, may be used as evidence of the facts stated in such certifi cate, or as the case may be, report, in any proceedings under this Act; but the court may if it thinks fi t, and shall, on the application of the prosecution or the accused person, summon and examine any such person as to the subject matter of his certifi cate or, as the case may be, report.]
130. Every person arrested and thing seized by a Prohibition Offi cer under this Act shall be sent to the offi cer-in-charge of the nearest Police Station 1[or to any other offi cer duly empowered under section 129 if the Director in any particular case has directed such offi cer to conduct the investigation of the offence. ]