(1) Whenever 1[2[* * *] a District Magistrate, or Sub-Divisional Magistrate] receives information that any person within the local limits of his jurisdiction habitually commits or attempts to commit or abets the commission of an offence punishable under this Act such magistrate may require such person to show cause why he should not be ordered to execute a bond, with sureties, for his good behaviour for such period not exceeding three years as the Magistrate may direct.
(2) The provisions of the Code of Criminal Procedure, 1898, shall in so far as they are applicable apply to any proceedings under sub-section (7) as if the bond referred to therein were a bond required to be executed under section 110 of the said Code.
94. If any person in respect of whom a bond is ordered to be executed uner 3[sections 91 and 93] is a minor, the bond shall be executed by his guardian.
4[94 A. Any Prohibition Offi cer or Police Offi cer duty bound under section 116C, fails to send the sample of liquor to Forensic Science Laboratory of the State for its detailed report shall, on conviction, be punished with imprisonment for a term which may extend to one year and with fi nd which may extend to three thousand rupees].
95. Any offi cer or person exercising powers under this Act who-
(a) maliciously enters or searches or causes to be entered or searched, any building or house or similar dwelling place; or
(b) vexatiously and unnecessarily seizes the property of any person on the presence of seizing or searching for anything liable to confi scation under this Act; or
(c) vexatiously and unnecessarily detains, searches or arrests may person; or
(d) in any other way maliciously exceeds or abuses his lawful powers, shall on conviction, be punished with imprisonment for a term which may extend to one year or with fi ne which may extend to one thousand rupees, or with both.
5[96. Any offi cer or Person exercising powers under this Act who vexatiously and unnecessarily delays forwarding to a Magistrate or to the offi cer-in-charge of the nearest police station as required by the provisions of this Act, any person arrested or a article seized under this Act, shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fi ne which may extend to one thousand rupees or with both. ]
1. The words “Presidency Magistrate specially empowered by the State Government in this behalf in Greater Bombay, and elsewhere, a District Magistrate or Sub-Divisional Magistrate” were substituted for the words “ Presidency Magistrate in the Greater Bombay and elsewhere a Magistrate of the fi rst class” by Bom. 21 of 1954, s. 3, second Schedule.
2. The words “Presidency Magistrate specially, empowered by the State Government in this behalf in Greater Bombay, and elsewhere, “ were comitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
3.. These words and fi gures were substituted for the words “ the last three preceding sections.” by 67 of 1953 Bom. s,3.
4. Section 94A was inserted by Guj-29 of 2011, s. 5
5. This section was substituted by Bom. 22 of 1960, s. 62.
Demand of security for good behaviour Executior of bonds in respect of minors.
Punishment for failure in duty by Prohibition Offi cer or Police Offi cer.
Punishment for vexatious search seizure or arrest.
Punishment for vexatious delay.
H-2065—11 V of 1898.
42 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV
97. Any offi cer or person exercising power under this Act, who—
(a) unlawfully releases any person arrested under this Act, or
(b) abets the escape of any person arrested under this Act, or
(c) abets the commission any offence against this Act, and any other offi cer of the 1[Government] or of a local authority who abets the commission of any offence against this Act, shall on, conviction, be punished with imprisonment for a term which may extend to one year or with fi ne which may extend to one thousand rupees or with both.