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Section 53: Power of Collector or officer of the Excise department to search without warrant

The United Provinces Excise Act 1910State Act of Uttar Pradesh · Act 4 of 1910

(1) Whenever a Collector or an officer of the Excise Department not below such rank as the [State Government] may prescribe or a police officer not below the rank of [Sub-Inspector] has reason to believe that an offence punishable under [section 60, section 60-A] section 61, section 62, section 63 or section 65 has been, is being or is likely to be committed in any place, and that a search warrant cannot be obtained without affording the offender an opportunity of escape or of concealing evidence of the offence, he may, at any time, in day or night, enter and search such place ;

Provided that [any officer] other than a Collector taking action under this sub-section shall before entering such place record the grounds of his belief as aforesaid.

(2) [The Collector or other officer] as aforesaid may seize anything found in such place which he has reason to believe to be liable to confiscation under this Act, and may detain and search and, if he thinks proper, arrest any person found in such place whom he has reason to believe to be guilty of such offence as aforesaid.

Where this provision sits

ActThe United Provinces Excise Act 1910
Section53
Marginal notePower of Collector or officer of the Excise department to search without warrant
JurisdictionState of Uttar Pradesh
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted. . Subs. by the A. O. 1950 for (Provl. Govt.) which had been subs. by the A. O. 1937 for (L. G.).
  • substituted, U. P. Act 9 of 1978. . Subs. by sec. 9 of U. P. Act 9 of 1978.
  • substituted, U. P. Act 4 of 2018. . Subs. by sec. 8 of U. P. Act 4 of 2018.
  • substituted. . Subs. for (an excise officer) by s. 4 ibid.
  • substituted. . Subs. for (Every Collector or other Excise Officer) by ibid.

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