(1) If any Prohibition Officer or Magistrate upon information obtained and after such inquiry as he thinks necessary, has reason to believe that an offence under sub-section (1) of section 3 has been committed, he may issue a warrant for the search for any liquor, intoxicating drug, materials, still, utensil, implement or apparatus in respect of which the alleged offence has been committed and any person who has been entrusted with the execution of such a warrant may enter 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:
Provided that every person arrested under this section shall be admitted to bail by the person arresting if sufficient bail be tendered for his appearance either before a Magistrate or before a Police Officer or Prohibition Officer, as the case may be.
(2) Before issuing a warrant under sub-section (1), the Prohibition Officer or Magistrate, 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 Prohibition Officer or Magistrate.
41. Whenever the Collector, any other Prohibition Officer not below such rank as the Administrator may determine, any Police Officer not below the rank of Sub-Inspector, any officer in charge of a police station, or any other paid or honorary officer authorized by the Administrator in this behalf has reason to believe that an offence under sub-section (I) of section 3 has been committed and that the delay occasioned by obtaining a search warrant under section 40 will prevent the execution thereof, he may, after recording his reasons and the grounds of his belief, at any time by day or night, enter and search any place and may seize 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:
Provided that every person arrested under this section shall be admitted to bail by the person arresting if sufficient bail be tendered for his Central Act 2 of 1974;
Power of Administrator to authorise officers to admit persons arrested to bail.
Issue of search warrants.
Powers of entry and search without warrant.
132 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— appearance either before a Magistrate or before a Police Officer or Prohibition Officer, as the case may be.
42. The Collector, any other Prohibition Officer not below such rank as the Administrator may determine, or any Police or other paid or honorary officer authorized by the Administrator in this behalf, may enter and inspect at any time, by day or by night, any place in which it is reasonably suspected—
(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.
43. If any officer empowered to make an entry under section 40, 41 or 42 cannot otherwise make such entry, it shall be lawful for him to break open any outer or1 inner door or window and to remove any other obstacles to his entry into any such place.
44. Any Prohibition Officer, any officer of the Police or Land Revenue department, and any other person authorized by the Administrator in that behalf—
(a) may arrest without warrant any person found committing an offence punishable under sub-section (I) of section 3 or section 5 or section 8 or section 36;
(b) may seize and detain any liquor, drug or other article whicri he has reason to believe to be liable to confiscation under this Regulation; and
(c) may search any person, vessel, vehicle, animal, package, receptacle or covering, upon whom or in or upon which, he may* have reasonable cause to suspect any such liquor, drug or other article to be or to be concealed:
Provided that if the officer or person making the arrest under this section be not empowered under section 39 to admit to bail the person arrested, he shall be forthwith forwarded to an officer so empowered, if such an officer is known to be within a distance of eight kilometres from the place where such arrest took place and it shall be the duty of such officer empowered as aforesaid to admit! such person to bail if sufficient bail be tendered for his appearance before a Police Officer or Prohibition Officer or Magistrate having jurisdiction to inquire into the case:
Provided further that where any toddy or wash or any sonti soru 1B seized under this section by any officer or person, such officer or person may destroy or cause to be destroyed on the spot, the toddy, wash or sonti soru and send the pots or other receptacles in which the toddy, wash or sonti soru was kept to the Police Officer or Prohibition £>fflcer or Magistrate having jurisdiction to inquire into the case.
Powers of entry and inspection.
Power to use force in case of resistance to entry.
Arrest of offenders and seizures of contraband liquor and articles without warrant.
&*. 1] TkE GAZETTE OF INDIA EXTRAORDINARY 133
Explanation.—For the purposes of this section,—
(a) "sonti soru" means a liquid prepared from, rice or starch which is in the process of vinous or alcoholic fermentation or in which such fermentation has ceased; and
(b) "wash" means a mixture of water and saccharine materials which is in the process of vinous or alcoholic fermentation or in which such fermentation has ceased.
45. Any person, who may be accused or reasonably suspected of committing an offence against this Regulation, and who on demand made by any Prohibition Officer or any officer of the Police or Land Revenue department or by any other person authorized by the Administrator in that behalf refuses to give his name and residence or who gives a name or residence which such officer or person has reason to believe to be false, may be arrested by such officer or person in order that hia name and residence may be ascertained.
46. All searches under the provisions of this Regulation shall be made in accordance with the provisions of the Code of Criminal Procedure,
1973.
47. Officials of all departments of the Government and of all local bodies shall be legally bound to assist any Prohibition Officer or Police Officer in carrying out the provisions of this Regulation.
48. Every official employed by the Government or by any local body, other than a Police Officer or Prohibition Officer, shall be bound to give immediate information at the nearest police station or to a Prohibition Officer, of all breaches of any of the provisions of this Regulation which may come to his knowledge; and all such officials shall be bound to take all reasonable measures in their power to prevent the commission of any such breaches which they may know or have reason to believe are about or likely to be committed.
49. All proprietors, tenants, under-tenants and cultivators who own or hold land or house-property on or in which there shall be any tapping for toddy, or manufacture of liquor or intoxicating drugs, shall, in the absence of reasonable excuse, be bound to give notice of the same to a Magistrate or to a Prohibition Officer or to an officer of the Police or Land Revenue department immediately the same shall have come to their knowledge.