(1) Any Prohibition and Excise Officer 45[not below the rank of a Sub-Inspector] may, as regards offences under this Act, exercise within such area as may be notified in this behalf, powers conferred on an Officer incharge of a police station by the provision of Code of Criminal Procedure, 1973:
Provided that any such power shall be subject to such restrictions and modifications, as may be prescribed.
(2) For the purposes of section 156 of the said Code the area in regard to which a Prohibition and Excise Officer
45. Substituted by Act No.35 of 1995.
Arrest of persons refusing to give name or giving false name.
Arrest, search etc., how to be made.
Central Act II of 1974.
Power to Prohibition and Excise Officer in matters of investigation.
Central Act II of 1974.
[Act No.17 of 1995] 17 is empowered under sub section (1) shall be deemed to be a police station and such officer shall be deemed to be the officer-in-charge of such station.
25. Notwithstanding anything contained in the code of Criminal Procedure 1973, all offences under this Act, shall be cognizable and provisions of the said code with respect to cognizable offences shall apply to them:
46[Provided that the offences punishable with imprisonment for a term not exceeding two years under this Act shall be tried in accordance with the procedure prescribed in Chapter XXI of the Code of Criminal Procedure, 1973.]
47[25A. If any person after having been previously convicted of an offence punishable under this Act, subsequently commits and is convicted of an offence punishable under this Act, he shall be liable upto twice the punishment which might be imposed on the first conviction under this Act.]
26. Any officer or person exercising powers under this Act who,-
(a) without reasonable ground of suspicion enters or searches or causes to be searched any closed place; or
(b) vexatiously and unnecessarily seizes the property of any person on the pretence of seizing or searching for anything liable to confiscation under this Act; or
(c) vexatiously and unnecessarily detains, searches or arrests any person; or
46. Marginal heading substituted and proviso added to section 25 by Act No.10 of 1996. The said proviso is substituted by Act No.5 of 1997.
47. Section 25A inserted with marginal heading by Act No.10 of 1996.
46[Cognizance and trial of offences.]
Central Act II of 1974.
Enhanced punishment after previous conviction.
Punishment for vexatious search of arrest.
Central Act II of 1974.
18 [Act No.17 of 1995]
(d) maliciously and falsely lays information leading to a search, seizure, detention or arrest; or
(e) in any other way maliciously exceeds his lawful powers, shall be punished with imprisonment which may extend upto six months, or with fine which may extend upto five hundred rupees or with both.
CHAPTER - VI MISCELLANEOUS 48[27. [XXX]]
28. Officials of all departments of the Government and of all local bodies shall be legally bound to assist any Prohibition or Police Officer in carrying out the provisions of this Act.
29. Every Official employed by the Government or by any local body other than a Police or, any Prohibition and Excise Officer shall be bound to give immediate information at the nearest police station or to a Prohibition and Excise Officer of all breaches of any of the provisions of this Act 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.
30. No suit or other legal proceedings shall lie against the Government or any officer or any other person empowered to exercise powers or to perform the functions under this Act for anything in good faith done or intended to be done under this Act.
48. Omitted by Act No.5 of 1997.
Duty of officials of all Departments and local bodies to assist.
Offences to be reported, etc., Protection of action taken under this Act.
[Act No.17 of 1995] 19
31. Save as otherwise provided, the provisions of this Act shall have effect, notwithstanding anything in consistent therewith contained in the provisions of the 49Telangana Excise Act, 1968 and the rules made thereunder for the time being in force.