(1) If any Magistrate or prohibition officer upon Information obtained and after such inquiry as he thinks necessary, has reason to believe that an offence under section 3 has been committed, he may issue a warrant for the search for any liquor, intoxicating drug, material, still, utensil, implement or apparatus in respect of which the alleged offence has been committed.
(2) The search warrant shall be handed over to the station house officer attached,to the police station nearest to the place where the offence is said to have been committed and he shall, with due expedition, execute such warrant by carrying out the search, and detain and arrest any person found in the place searched if he has reason to believe that such person is guilty of any offence under this Regulation:
Provided that every person arrested under this section shall be released on bail by the person arresting if sufficient bail be tendered for his appearance1 either before a Magistrate or before a police officer or before a prohibition officer, as 1he case may be.
(3) Before issuing a warrant under sub-section (1), the Magistrate or prohibition officer, as the case may be, shall examine the informant on oath and the examination shall be reduced in writing in a summary manner and be signed by the informant and also by such Magistrate or prohibition officer, SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 277
22. Whenever any Magistrate or any prohibition officer or police officer not below the rank of a sub-inspector of police has reason to believe that an offence under section 3 has been committed and that the delay occasioned by obtaining a search warrant under section 21 will prevent the execution thereof, he may, after recording his reasons and the grounds of his belief, at any time by day or by night, enter and search any place and may seize or order seizure of anything found therein, which he has reason to believe to be liable to confiscation under this Regulation, and may detain and search and, if he thinks proper, arrest any person found in the place searched if he has reason to believe such person to be guilty of any offence under this Regulation:
Powers of entry and search without warrant.
Provided that every person arrested under this section shall be released on bail by the person arresting if sufficient bail be tendered for his appearance, either before a Magistrate or before a police officer or before a prohibition officer, as the case may be.
23. A Magistrate or any prohibition officer may enter and inspect at any time, by day or by night, any place in which it is reasonably suspected— Powers of entry and inspection.
(a)) that any toddy is drawn, or the manufacture of any other liquor or of any intoxicating drug is carried on; or
(b) that any liquor or intoxicating drug is kept for sale or stored; or
(c) that an offence under section 5 has been, or is being, committed, and may examine, test, measure or weigh any material, still, utensil, implement, apparatus, liquor or intoxicating drug found in such place.
24. If any officer empowered to make an entry under section 21, section 22 or section 23 cannot otherwise make such entry, it shall be lawful for him to break open any outer or inner door or window and to remove any other obstacles to his entry into any such place.
Power to use farce in case of resistance to entry.