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Section 34: Analysis of Articles Mentioned in Section 4

The Nagaland Liquor Total Prohibition Act, 1989State Act of Nagaland · Act 4 of 1990

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(1) Whenever the Director has reason to believe that any of the articles mentioned in section 4, does not correspond with the description and limitations provided in section 33. He shall cause an analysis of the said articles to he made and if upon such analysis it is found that the said articles does not so correspond, he shall give not less than fifteen days notice, in writing to the person who is the manufacturer thereof or is known or believed to have imported or obtained such article, to show cause why the said article should not be dealt with as liquor, such notice may be served personally or by registered post as the Director may determine, and shall specify the time when, place where, and the name of the officer before whom such person is required to appear.

(2) If the person fails to show to the satisfaction of the Director or any other officer so named that the said article corresponds with the description anti limitations provided in section 33 the Director may, by notification in the Official Gazette, direct that the said article be dealt with as a liquor and thereupon the provisions of this Act relating to liquor shall apply to that article.

(3) Whenever the Director causes an analysis of an article mentioned in section 4 to be made under sub-section (1) or gives notice thereunder, he may require the person who is the manufacturer thereof or who is known or believed to have imported or obtained such articles, not to sell, distribute or otherwise deal with such article, or to remove it from any place without previous permission of the Director, for any period not exceeding three months from the date of such requisition or till the result of the analysis is known and communicated, to him in writing by the Director, whichever is earlier, or as the case may be, till such manufacturer or other person satisfies the Director that the article corresponds to the description and conditions provided in section 33 and thereupon such manufacturer or person shall comply with such requisition during the said period.

CHAPTER-IV

35. Issue of Warrant ;- (1) A Deputy Commissioner, Additional Deputy Commissioner or a Sub-Divisional Officer (Civil) or a Magistrate of the First Class, or an Officer of the Excise Department not below the rank of a Superintendent Specially empowered by the State Government on this behalf, may issue a warrant for the arrest of any person whom he has reason to believe to have committed an offence whom he has reason to believer to have committed an offence punishable under this Act or the rules thereunder, or for the search. Whether by day or by night, of any buildings, vessels or places in which he has reason to believe that any liquor material, utensil, implement or apparatus, in respect or which an offence punishable under this Act has been comraited, is kept or concealed.

(2) The Officer to whom a search warrant under sub section (1) is addressed shall have all the powers of an officer under Section 37.

Where this provision sits

ActThe Nagaland Liquor Total Prohibition Act, 1989
Section34
Marginal noteAnalysis of Articles Mentioned in Section 4
JurisdictionState of Nagaland
StatusIn force as published by the source

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