(1) The State Government may, by notification, empower any Excise Officer to release on bail person arrested under this Act, otherwise than on a warrant.
(2) When a person is arrested under this Act, otherwise than on a warrant, by a person or officer who is not authorised to release arrested persons on bail, he shall be produced before or forwarded to,-
(a) the nearest Excise Officer who has authority to release arrested persons on bail, or
(b) the nearest officer in charge of the police station, whoever is nearer.
(3) Whenever any person arrested under this Act, otherwise than on a warrant, is prepared to give bail, and is arrested by or produced in accordance with sub-section (2) before an officer who has authority to release arrested persons on bail, he shall be released on bail or at the discretion of the officer releasing him, on his own bond.
(4) The provisions of 1[sections 441 to 446 and section 449 of the Code of Criminal Procedure, 1973]1 , shall apply, so far as may be, in every case, in which bail is accepted or bond taken under this section.
1. Substituted by Act 32 of 1982 w.e.f. 04.09.1982.
1[59A. Certificate of Inspectors of Excise to be evidence-Any document purporting to be a certificate under the hand of an Inspector of Excise who has undergone the prescribed training in the examination and analysis of intoxicants and materials and who is authorised by the State Government in this behalf, in respect of any matter or thing submitted to him for examination or analysis and report may be used as evidence of the facts stated in such certificate, in any proceedings under this Act: but the court may, if it thinks fit, and shall on the application of the prosecution or the 1966: KAR. ACT 21] Excise 405 accused person summon and examine any such Inspector of Excise as to the subject matter of his certificate.]1
1. Inserted by Act 1of 1971 w.e.f. 07.08.1970.