Bare ActsThe Gujarat Prohibition Act, 1949.

Section 116

Amendment status not verified — confirm the current text below against the official source.

In all trials for offences under this Act, the Magistrate shall follow the procedure prescribed in the Code of Criminal Procedure, 1898, for the trial of summary cases in which an appeal lies. 1[116A. (1) Whenever two or more persons are prosecuted for an offence under this Act, 2* * * any Magistrate of the First Class may, at any stage of the investigation or inquiry into or the trial of offence, with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in, or privy to the offence, tender a pardon to such person on condition of his making a full and true disclosure of all facts within his knowledge relative to the offence. (2) Every Magistrate, who tenders a pardon under sub-section (1), shall record his reasons for so doing. (3) Every person, accepting tender under this section shall be examined as a witness in the Court of the Magistrate taking cognizance of the offence, and in the subsequent trial, if any. (4) The provisions of sections 339 and 339-A of the Code of Criminal Procedure, 1898, shall apply to the trial of a person to whom pardon has been ten- dered under this section as they apply to a person to whom pardon has been tendered under section 337 or section 338 of that Code. Explanation.—For the purposes of sub-section (4), the reference to the Public Prosecutor in section 339 of the said code shall include a reference to any offi cer conduct- ing a prosecution under this Act. ] 3[116B. Where in any trial for any offence of unlawful possession of liquor under this Act, it is proved that the accused person was in the possession of any sealed bottle bearing the original label indicating the name of any known brand of spirits, such as whisky, brandy, rum, gin, club cup, liqueurs, miik punch, or of wines such as champagne, moselle, burgundy, chianti, white wines, clarets, hocks, riesling, meceira, ginger-wine, port type, port vermouth, sherry wincarnis, vibrona, manola, buckfast, tonic-wine or of fermented liquors such as ale, beer, milk-stout (porter), cidar, and the name of its manufac- turer it shall be presumed that the accused person was in possession of liquor.] 4[116C. It shall be the duty of the Prohibition Offi cer or the Police Offi cer who has seized any liquor to forward immediately without any loss of time the sample of the same to the Forensic Science Laboratory of the State for detailed analysis report].