(1) Any officer who is authorized to arrest a person for an offence punishable under clause (j) of sub-section (1) of section 3 in so far as it relates to consumption o'f liquor or any intoxicating drug and who has reason to believe that any person has consumed liquor or any intoxicating drug, may produce1 such person for examination, before any medical officer authorized by the Administrator and request the medical officer to furnish a certificate on his finding whether such person has consumed any liquor or intoxicating drug or is in a state of intoxication or not.
(2) Any such medical officer before whom such person is produced shall be bound to examine such person and furnish to the officer by whom such person has been produced a certificate as to the state of such person, and, if any form has been prescribed for the purpose, in such form.
(3) If the person produced is a woman, the examination shall be carried out only by a woman medical officer authorized by the Administrator.
(4) Any person who has been produced before a medical officer in pursuance of this section shall, subject to the provisions of sub-section (3), allow himself or herself 'to be examined by the medical officer.
(5) If any person who under this section is required to undergo medical examination resists or refuses to allow himself to be produced before or to be examined by the medical officer, it shall be* lawful to use all means necessary to secure the production and examination of such person in accordance with the provisions of this section.
(6) Resistance to production or refusal to allow examination under this section shall be deemed 'to, be an offence under section 186 of the Indian Penal Code.
(7) In trials under this Regulation, it may be presumed, unless and until the contrary is proved, that the accused has committed an offence under cla-use (j) of sub-section (1) of section 3 if he, having been produced before a medical officer In accordance with the provisions of this section, had resisted or had refused to allow himself to be examined by such medical officer.
(#) Any document purporting to be a certificate signed by a medical officer authorized by the Administrator may be used as evidence of the facts stated! therein in any proceeding under this Regulation or under sections 272 to 276 (both inclusive) of. the Indian Penal Code but the Court may at the instance of the accused order the attendance for cross-examination of the medical officer who issued the certificate.
55. Where in any trial of an offence punishable under clause (j) of subsection (1) of section 3, it is proved that a person has consumed liquor or any intoxicating drug, it shall be presumed, until the contrary js proved, that such liquor or drug is an illicit variety, Central Act 45 of 186a Central Act 45 of
1860.
Obtaining of medical certificates in the case of persons found in a state of intoxication.
Fresump~ tion that liquor consumed is an illicit variety.
136 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
56. Any Police Officer or Prohibition Officer holding an inquiry in the manner provided in section 50 may summon any person to appear before himself to give evidence on such inquiry or to produce any document relevant thereto which may be in his possession or under his control:
Provided that no such officer shall so summon any person to appear before him if the journey to be made for complying with such summons exceeds sixteen kilometres by road or eighty kilometres by rail or such other limits as the Administrator may fix.
5T. Every summons issued under section 56 shall state whether the person summoned is required to give evidence or to produce a document or both and shall require him to appear before the said officer at a stated time and place.
58. Persons so summoned shall attend as required and shall answer all questions relating to such inquiry put to them by such officer and such answers shall be reduced to writing and shall be signed by such officer.
59. It shall be lawful for a Police Officer or a Prohibition Officer, instead of summoning to appear before him any person who, from sickness or other infirmity, may be unable so to do, or whom, by reason of rank or sex, it may not be proper to summon, to proceed to the residence of such person and there to require him to answer such questions as he may consider necessary with respect to such inquiry; and such person shall be bound so to answer accordingly, and the provisions of section 58 shall apply to such answers.
60. Any Police Officer or Prohibition Officer may, after recording his reason in writing, summon any person to appear before him whom he has good reason to suspect of having committed an offence under this Regulation; and on such person appearing before such officer, the procedure prescribed by sections 50 to 59 (both inclusive) shall become applicable;
and the officer may also, If he considers it necessary for the investigation of the case, exercise the powers conferred by sections 56 to 59 (both inclusive) before summoning the person suspected.
61. The law for the time being in force as to summonses and compelling the attendance of persons summoned in criminal courts shall, so far as the same may be applicable, apply to any summons issued by a Police Officer or Prohibition Officer and to any person summoned by him to appear under the provisions of this Regulation.
62. When a Police Officer or Prohibition Officer forwards in custody any person accused of an offence 'under this Regulation to the Magistrate having jurisdiction to inquire into or try the case, or admits any such person to bail to appear before such Magistrate, such officer shall also forward to such Magistrate a report setting forth the name of the accused person and the nature of the offence with which he is charged and the names of the persons who appear to be acquainted with the circumstances of the case, and shall send to such Magistrate any article which it may be necessary to, produce before him; and upon receipt of such report the Power of Police Officer or Prohibition Officer to summon w itneases.
Terms of summons.
Examination of witnesses.
When attendance of witnesses to be dispensed with, and procedure in such cases.
Power of Police Officer or Prohibition Officer to summon suspected persona.
Law relating to criminal courts as to summoning of witnesses to apply.
Report of Police Officer Or Prohibition Officer to Rive jurisdiction to SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 137 Magistrate shall inquire into such offence and try the person accused thereof in like manner as if a complaint had been made before him as provided in the Code of Criminal Procedure, 1^73.
6.1. When a Police Officer or Prohibition Officer forwards in custody any person accused of an offence under this Regulation to the Magistrate having jurisdiction to inquire into or try the case, or admits him to bail to appear before such Magistrate, such officer shall exercise all the powers conferred, by the Code of Criminal Procedure, 1973, on an officer in charge of a police station in respect ,to causing the appearance before such Magistrate of such persons acquainted with the facts and circumstances of the case as he considers it necessary that such Magistrate shall examine as witnesses for the prosecution of such case.
64. Any person arrested for an offence under this Regulation shall be informed, as soon as may be, of the grounds for such arrest and shall be produced before the nearest Magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the Magistrate; and no such person shall be detained in custody beyond the said period without the authority of a Magistrate.
65. All officers in charge of police stations shall take charge of and keep in safe custody pending the orders of a Magistrate or of a Prohibition Officer, all articles seized under this Regulation which may be delivered to them; and shall allow any Prohibition Officer who may accompany such articles to the police station, or who may be deputed for the purpose by his superior officer, 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.
66. The Chief Judicial Magistrate shall have power to transfer any case under this Regulation pending inquiry or trial before any Magistrate or Officer in the district to any other Magistrate or Officer therein competent to inquire into or try the same.