CourtMesh

Section 20

The United Provinces Opium Smoking Act, 1934State Act of Uttarakhand · Act 3 of 1934

(1) The provision of the Code of Criminal Procedure, 1898, including provision as to the searches contained in sections 102 and 103 thereof, shall in so far as not inconsistent with the provisions of this Act, apply to the execution of warrants for arrest and to a search made under this Act.

(2) Where a search is made under section 19-A, copies of any record made under that section shall forthwith be sent to the nearest Magistrate empowered to take cognizance of the offence and the owner or occupier of the place of search shall on application be Furnished with a copy of the same by the Magistrate :

Provided that he shall pay for the same unless the Magistrate for some special reason thinks fit to furnish it free of cost.]

2 Report to be made in case of arrest or seizure

21. Whenever any officer makes any arrest or seizure under this Act, he shall within twenty-four hours next after such arrest or seizure, make a full report of all particulars thereof to his immediate official superior; and every person arrested and every arti1e seized shall be forwarded without delay to the officer by whom the warrant was issued to the nearest police station.

Bail and Security

22. When any person arrested under this Act is prepared to furnish bail, he shall be released on bail, or at the discretion of the officer making the arrest, on his personal bond.

Aid to officers of Excise Department

23. Every officer of the police and land Revenue Departments, every [Pradhan and Secretary of a Gaon Sabha] 3 and every village chaukidar shall, upon notice given or request made to him be bound to give reasonable aid to any officer of the Excise Department in carrying out the provisions of this Act.

1. Add. by section 2 of U. P. Act XXV of 1953.

2. Subs. by section 3 ibid.

3. Subs. by section 2 of U, P. Act No. XXIII of 1961.

211 [The United Provinces Opium Smoking Act, 1934] [Section 24-29] Confiscation and destruction of prepared opium and things seized

24. On the conviction of any person for an offence under this Act, the court may order that any prepared opium or any instrument or apparatus in respect of or by means of which, such offence has been committed or any receptacle, package or covering in which such prepared opium instrument, or apparatus was found and any other contents of such receptacle, package or covering shall be confiscated or destroyed.

Cognizance offences

25. No Magistrate shall take cognizance of an offence punishable under this Act except on the complaint or report of the collector or an officer of the Excise Department not below the rank of an Excise Inspector.

CHAPTER V MISCELLANEOUS Bat of certain suit

26. No suit shall lie in any Civil Court against the [Government] 1 or a Collector or [any Officer of the Excise, Police or Land Revenue Departments, Pradhan or Secretary of a Gaon Sabha or village Chaukidar] 2 for damages for any act in good faith done or ordered to be done in pursuance of this Act.

Limitation of suit and prosecution

27. No Civil Court, shall try any suit against the [Government] 1 or a Collector or [any Officer of the Excise, Police or Land Revenue Departments, Pradhan or Secretary of a Gaon Sabha or Village Chaukidar] 2 in respect of anything done in pursuance of this Act and except with the previous sanction of the [State Government] 3 no Magistrate shall take cognizance of any charge made against any person under this Act, unless the suit or prosecution is instituted within six months after the date of the act complained of.

Tender of pardon to accused person turning approver

Where this provision sits

ActThe United Provinces Opium Smoking Act, 1934
Section20
JurisdictionState of Uttarakhand
StatusIn force as published by the source

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

  • Search 49,000+ Central and State enactments by what a provision says, not by its number
  • Jump from any section to every judgment that has applied it
  • Search 300 million+ Indian court records alongside the statute
  • Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? The United Provinces Opium Smoking Act, 1934 is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.