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Section 8 – The Spirituous Preparations (Inter-State Trade and Commerce) Control Act,1955

The Spirituous Preparations (Inter-State Trade and Commerce) Control Act,1955

Section 8. Power to enter, search, seize, arrest without warrant, and investigate offences

(1) Any officer of the department of prohibition, excise, police, revenue or public health authorised in this behalf by the State Government by general or special order, who has reasons to believe from personal knowledge or from information given by any person and taken down in writing that any spirituous preparation in respect of which all offence punishable under Section 5 has been committed is kept or concealed in any house, building or enclosed space, or is being transported in any vehicle, vessel or aircraft to any place or in transit may-

(a) Enter at any time by day or by night into any such house, building or enclosed space, or vehicle, vessel or aircraft;

(b) In case of resistance break open any door and remove any other obstacle to such entry;

(c) Seize such preparation and any document or other article which he has reason to believe may furnish evidence of the commission of all offence punishable under this Act or the rules made thereunder; and

(d) Detain and search any person whom he has reason to believe to be guilty of an offence punishable under this Act or the rules made thereunder, and if such person has any spirituous preparation in his possession and such possession appears to him to be unlawful arrest him.

(2) Where an officer takes down any information in writing under sub-section (1) he shall forthwith send a copy thereof to his immediate official superior.

(3) The State Government may empower any officer of the prohibition or excise department to investigate offences under this Act and the rules made thereunder.

(4) An officer empowered under sub-section (3) shall, in the conduct of such investigation, exercise the powers conferred by the 1[Code of Criminal Procedure,1898 (V of 1899)] upon an officer-in-charge of a police station for the investigation of cognizable offences.

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1. See now the Code of Criminal Procedure,1973 (2 of 1974).

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The Spirituous Preparations (Inter-State Trade and Commerce) Control Act,1955

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