(1) The Government may, by notification, empower any Excise Officer to release on bail, persons arrested under this Act, otherwise than on a warrant.
(2) When a person is arrested under this Act, otherwise than on a warrant, by a person or officer who is not authorised to release arrested persons on bail, he shall be produced before or forwarded to, ---
(a) the nearest Excise Officer who has authority to release arrested persons on bail, or
(b) the nearest officer in charge of the police station, whoever is nearer.
(3) Whenever any person arrested under this Act, otherwise than on a warrant, is prepared to give bail, and is arrested by or produced in accordance with sub-section (2) before an officer who has authority to release arrested persons on bail, he shall be released on bail or at the discretion of the officer releasing him, on his own bond.
(4) The provisions of sections 490 to 502, section 513, section 514 and section 515 of the Code of Criminal Procedure, 1898 (Central Act 5 of 1898), shall apply, so far as may be, in every case, in which bail is accepted or, bond taken under this section.
Procedure for prosecution
59. No Magistrate shall take cognizance of an offence punishable ---
(a) under section 34 or section 37 except on the complaint or report of the Deputy Commissioner or of an Excise Officer authorised by the Government in this behalf, or 305
(b) under any other section of this Act other than section 45 of section 47, except on his own knowledge or suspicion or on the complaint or report of *[an excise officer or a police officer duly authorised in that behalf].
CHAPTER IX APPEALS AND REVISION Appeals