(1) The authorised Excise Officer may search any place, or seize any article, or arrest or detain any person, if there is a reasonable doubt that such place, article or person is involved in commission of any offence under this Regulation:
Provided that no search shall be deemed to be irregular by reason only of the fact that witness for the search is not inhabitant of the locality in which the place searched is situated.
(2) Save as otherwise expressly provided in this Regulation, the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 relating to search, seizure, arrest, detention, summons and investigation shall apply, as far as may be, to all actions taken under this Regulation.
79. Every officer-in-charge of a police station shall take charge of and keep in safe custody, pending the orders of a Magistrate or of the Deputy Commissioner, all articles seized under this Regulation, which may be delivered to him and shall allow any officer of the Excise Department who may accompany such articles, to affix his seal to such articles and to take samples of and from them and all samples so taken shall also be sealed with the seal of the officer-in-charge of the police station.
Explanation. For the purposes of this section, officer-in-charge means the Excise Officer authorised to supervise and control manufactory or warehouse.
80. All offences under this Regulation shall be cognizable and the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023, shall apply to them.
81. The offences punishable under this Regulation with imprisonment of two years and more, shall be non-bailable and the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023, with respect to non-bailable offences, shall apply to those offences.
Confiscated articles to vest in Administrator.
Power to obtain information.
Landholders, officers and others to give information.
Power of arrest, search and seizure.
Duty of police to accept seized articles.
Offences under this Regulation to be cognizable.
Certain offences to be non-bailable.
20 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— Power of Court to try cases summarily.
Security for good conduct and abstaining from committing offences.
Appeals to Appellate Authority.
Procedure in appeal.
Order of Appellate Authority.
82. Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023, the Magistrate shall have the power to try summarily in accordance with the provisions contained in sections 285 to 288 of that Sanhita, all or any of the offences which are punishable under this Regulation with imprisonment for a term not exceeding six months, or with fine, or with both.