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PUBLIC RECORD OFFICE
། ། །
19
Reference :-
C.O. 882
9
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC.
COPYRIGHT PHOTOGRAPH-NOT TO
Power to
enier and
inspect places
and sale.
SO
(ii.) For causing such spirit to be denatured through the agency or under the supervision of Government officers.
(iii) For ascertaining whether such spirit has
been denatured.
(n) Providing for the destruction or other disposal of any excisable article deemed to be unfit for use.
(0) Regulating the disposal of confiscated articles. (p) Prescribing the instruments to be used in the| testing of liquors, and the tables of correc- tions according to temperature to be used therewith.
VIII. -Powers and Duties of Officers, &c.
32. The Excise Commissioner or a Government Agent or any excise officer not below such rank as of manufac the Governor may prescribe or any police officer duly tors. bottling, empowered in that behalf may enter and inspect at any time by day or by night any place in which any licensed manufacturer carries on the manufacture of or stores any excisable article; and may enter and inspect at any time during which the same may be open any place in which any excisable article is bottled or kept for sale by any licensed person; and may examine, test, measure, or weigh any materials, still, utensil, implement, apparatus, or excisable article found in such place of manufacture, bottling, or sale.
Within such specified area as the Governor by 33. in matters of notification may direct, any excise officer not below such rank as the Governor may prescribe shall, within the limits of the area to which he is appointed, and as regards all offences under this Ordinance, exercise the powers that may be exercised in respect of cognizable offences by an inquirer, or by an officer in charge of a police station, under the provisions of chapter XII. of The Criminal Procedure Code, 1898.”
Powers of excise offinera
Arrest and inquiry.
Cases in which offen-
ders may be
liquor and
about
warrant.
"
An inquiry under this section shall be held at or in the neighbourhood of the place in which the offence is alleged to have been committed.
34. Any officer of the Excise, Police, Customs, or Revenue Departments, not below such rank and subject arreated, and to such restrictions as the Governor may prescribe, and contraband any other person duly empowered, may arrest without articles seized warrant any person found committing, in any place other than a dwelling house, an offence punishable under Section 43 or Section 44; and may seize and detain any excisable or other article which he has reason to believe to be liable to confiscation under this Ordinance or other law for the time being in force relating to excise revenue; and may search any person upon whom, and any vessel, vehicle, animal, package, receptacle, or covering in or upon which, he may have reasonable cause to suspect any such article to be.
Government Agent or Magistrate
may boue &
rob
warrant.
35. If a Government Agent or a Magistrate, upon information obtained and after such inquiry as he thinka necessary, has reason to believe that an offence under Section 43 or Section 44 has been or is likely to be committed, he may issue a warrant for the search for any excisable article, materials, still, utensil, imple- ment, or apparatus in respect of which the alleged ; and offence has beeen or is likely to be committed for the taking into custody and carrying before such
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be
81
an officer as is referred to in Section 33 of this Ordinance any person who appears to have been privy to the commisssion of the offence.
36. Whenever a Government Agent or any excise officer not below such rank as the Governor may pre- scribe has reason to believe that an offence under Section 43 or Section 44 has been, is being, or is likely to be, committed, 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, after recording the grounds of his belief, at any time by day or night, enter and search any place and may seize anything found therein which he has reason to believe to be liable to confiscation under this Ordi- nance; 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.
37. The provisions of The Criminal Procedure A Code, 198," relating to arrests, searches, search warrants. the production of persons arrested, and the investigation of offences shall be held to be applicable to all action taken in these respects under this Ordinance.
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patients
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38. All offences under this Ordinance shall be bail- able within the meaning of "The Criminal Procedure Code, 1898," and the provisions of that Code in respect of bail shall be applicable thereto..
39.
Every officer of the Police, Customs, and Revenue Departments, shall be bound to give imme- diate information to an excise officer of all breaches of uces any of the provisions of this Ordinance which may come to his knowledge, and to aid any excise officer in carrying out the provisions of this Ordinance upon request made by such officer.
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40.-(a) All proprietors, tenants, under-tenants, and cultivators who own or hold land on which; and
(b) All village headmen in whose village there shall be any manufacture of any excisable article not licensed under this Ordinance, or the unlawful cultivation or collection of any plants from which an intoxicating drug can be produced, shall, in the absence of reasonable excuse, be bound to give notice of the same to a Magistrate or to an officer of the Excise, Police, or Revenue Departments, immediately the same shall have come to their knowledge.
41. All officers in charge of police stations shall take charge of and keep in safe custody, pending the orders of a Magistrate or of the Government Agent, all articles seized under this Ordinance which may be delivered to them; and shall allow any excise officer who may accompany such articles to the police station, or 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. All samples so taken shall also be sealed with the seal of the officer in charge of the police station.
42. The Government Agent or any Magistrate by for the notice in writing to the licensee may require that any shop in which any excisable article is sold shall be think may closed at such times or for such period as he necessary for the preservation of the public peace. If
33187
Insert and every peace
officer.