(1) Any Prohibition Offi cer empowered to investigate an offence under this Act shall have power to grant bail in accordance with the provisions of the Code of Criminal Procedure, 1898, to any person arrested without a warrant for an offence under this Act.
(2) When any person has been arrested under section 126, a Prohibition Offi cer empowered to investigate offence under this Act shall have power to grant bail in accordance with the provisions of the Code of Criminal Procedure, 1898.
132. 2[ When anything has been seized, under the provisions of this Act by a Prohibition Offi cer exercising powers under section 129 or by an Offi cer in-charge of a Police Station], or has been sent to him in accordance with the provisions of this Act, such offi cer, after such inquiry as may be deemed necessary,—
(a) if it appears that such thing is required as evidence in the case of any person arrested, shall forward it to the Magistrate to whom such person is forwarded or for his appearance before whom bail has been taken,
(b) if it appears that such thing is liable to confi scation but is not required as evidence as aforesaid, shall send it with a full report of the particulars of seizure to the Collector,
(c) if no offence appears to have been committed shall return it to the person from whose possession it was taken.
133. Every offi cer of the 3[ Government ] and every offi cer or servant of a local authority, shall be 4[legally bound to assist any Prohibition Offi cer or ] police offi cer or person authorised in this behalf in carrying out the provisions of this Act.
6[ 134. Every village offi cer or servant useful to Government, every offi cer of the state Government, and (with the consent of the Central Government) every offi cer of the Customs and Central Excise Departments, and every offi cer or servant of a local authority, and the Sarpanch of a village panchayat constituted under the Bombay Village Panchayats Act. 1958, shall be bound —
1. This portion was added by Bom. 22 of 1960, s. 86.
2. These words were substituted for the words ‘’When anything has been seized by a Prohibition Offi cer other than the Collector or Director under the provisions of this Act” ibid., s. 87.
3. This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950.
4. These words were substituted for the words “legally bound to assist any” by Bom. 22 of 1960, s. 88 (a).
5. These words were substituted for the words “offi cials of all departments” ibid., s . 88 (b).
6. Sections 134 and 135 were substituted ibid s. 89.
Arrested persons and things seized to be sent to offi cer-in charge of Police Station.
V of 1898.
Bail by Prohibition Offi cer.
V of 1898.
Article seized.
Duty of 5[offi cer of Government] and local authorities to assist.
Offi ences to be reported.
Bom. III of
1959.
56 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV
(a) to give immediate information at the nearest Police Station or to any offi cer or person authorised in this behalf of the commission of any offence and of the intention or preparation to commit any offence under this Act which may come to their knowledge ;
(b) to take all reasonable measures in their power to prevent the commission of any such offence which they may know or have reason to believe is about or likely to be committed.
135. Every person who owns or occupies any land or building, or who is a landlord of an estate residing in the village, and the agent of such owner, occupier or landlord of the land, building, or estate, as the case may be, on or in which there has been any unlawful tapping of toddy producing trees or unlawful manufacture of any liquor or intoxicating drug or unlawful cultivation or collection of hemp, and every owner of a vessel or vehicle in which liquor or intoxicating drug is manufactured contrary to the provisions of this Act, shall, in the absence of reasonable excuse, be bound to give notice of the same to a Magistrate or to a Prohibition Offi cer or to a Police Offi cer immediately the same shall have come to his knowledge].
136.[Power to arrest and make orders detaining or restricting movements or actions of persons.] Deleted by Bom. 26 of 1952, s. 50.
CHAPTER X.
APPEALS AND REVISION.