Amendment status not verified — confirm the current text below against the official source.
(1) When any person is arrested or any opium rested on” or thing is seized under the provisions of this Act, the ticks seized, person making the arrest or seizure shall if he 1s an officer 323335;? of the Exelse or Police Department, forthwith forward the pump arrested or the thing Seized‘20 the nearest pthcer of his department empoweredunder Sectiofi20 unless he is himself so ”empowered ., ('2) When such arrest or seizure is made byany officer referred to in Section' 14 or Section 15 other than an officer of withc Excise or Police Department, he shall forthw1th yforward the person arrestedor the thing seized to the nearest .1 oflicer: of the Excise; or Police Department empowered under :Section 20 and having jurisdiction in the case. Power of in- Ves'ti-gating oficer’ to‘ summon vvitné§ses or examine them other- wise. (3) When any person is brought in custody before the oflicer empowered under Section 20, 01' when such oflicer has himself arrested or procured the appearance by summons under Section, ZQ-D of any. pexson,he_sha11makq such. : investigation as seems to him hecessary, and shalleither - ’ release such persOn or admit him to bail to appear, 6% if bailis not given, produce him or cause the oflicer-in-charge of the nearest police station to produce him before a Magistrate having jurisdiction in the case : v 1! Provided that if the investigation is. net 90E¥Pt§$§51 1, Within twentyfour hours of the arrest, the said pficedrshqll take bail with or without security from the person ariested' to appear on any subsequent date before himself,ande§ha11, if such bail is not given, forthwith forward the arrested person to the nearest Magistrate with 'a report of the ease, and a request to detain him in Custgdy for such period not exceeding fourteen days asmay be necessai'y tq complete _ the investigation and to order his productioh before the. said oflicei when hecessary for such investigation. (4) The Magistrate to whom an agested pessoti is so forwarded whether he has 01 has not pipsdiction to ti-y the case may, by ordei: in writing stating the reason thera- fore, authorise the detention of the arrested person in default of bail to such custody as he thinks fit for a, team not exceeding fourteen days on the whole. 20.B~ (1)- An officer er9powexedphder Seetion 29 may or to produce anydocument necessary £61-the. purposegpf . investigation. (2) Such summons shah state whether the person summOned is required to give evidence orprod'iice a 'dpcuv ment or both, and shall specify a time and place for appeatance. (3) It. shall be lawful f0): such officer, instead ofissfiing . .a summons; to prosLeed t9 the residence of any person whom by reason of sickness on other infirmity-on byrreason 0&1?sz m: M: it may not seem praper to summon, and then require; him to, answer aueh ,,qnestions. as may be 20f 1974. B of 1974. 2 of 1974. necessaryfer the purposes 91. the investigauon 1t sha11 @1150 he lawfin £01 such officerto ex ine aI'ly pezson~ who mag appear hefeice 111111 to give evaene Q1 p'r'ogiuce any document necessary {01; the purposesof investigation, axthough the said person appeai's 'in‘ a1i1y"a11'd '11Q summons has been issued to him. (4) Any person examinegl111 aqcozdance with the. provi— .1 sions Qfisub—sectigm. (1) er-sub-seetion.(3_)-s11all he 111111114 to answer 311 questiohs 1e1ating to the investigation piit to him by. such- Qfiieer othe1 than the q11esti(>11s the answe1s to Which- Would- have a tendenpy tQ expgse him to a criminal charge 01 to a penalty or £111 forfeiture (5) The provisions of Section- 162- Of the Code of Criminal Proeedure, l973,'sha11 apply to the statements made by any person uhder this section. No oath. shall be 'afimimstered to any such person. 20.011" 11pon an investigation finder the Act, it appears to the officer in cha1§e ofsuch investigation that there is 110 sufficient evidence Q1 reaSQhahle grouh'ds of suspicion_to justify the forwardiiig of the accused to a Magistrate, such oflicer shah. 1e1ease him 011 his executing a 11an with or without sureties as sfich officer may direct, to appear if and When so . _:req1111ed before a Magistrate for trial. 20D When any oflicer of the Excise Departmentempo- werecl under.Section 20, to investigate offences has 1easQnab1e grounds for believing that any person has committed an offence under this Act, he may, after recording his reasons in writing and: either with or witheilt previous investigation 2311111an such pe1son to appear before him. ' ' 20E; The perisiohs of the Code of Criminal: Procedure, 1973 relating to summons and cempeliing the appearance of pe1'sons summoned and the peruc'tion Of documents shall apply, as far as may he, in the case any summons issued by 1111 0131131: empowered to issue a‘summons under this Act 29F.Whe11 it'- appea13 to a1'1 Qificer empowered under ' Sectmn20 that abend fer appearancebefoi'ehimself has been .forfe1ted he shall fqrward the bond tq the Magistrate having Jurisdictiontofly, the offence efWhichtheperson bailed Was Power of investigating oflicer to re- lease accu- wd When evidence deficient. Power of certain offi- cers to sum mon suspec- ted persons. Summqhmg Witfie‘si‘s‘es, etc. how to be made. Procedure in forfeitlne of bond. 4 accused together with a report in writing giving the reasons for his belief and the relevant documents and theMagistrate shall Jurisdiction of Magis- trate on re- ceipt of re- port from Excise Ofl‘i— oer. - Attendance of witnesses before Ma- gistrate. Police to take charge of article geized. . deaf with the matter1nthe manner provided by the Code of C11111111al Procedure, 1973, fer the foifeiture of b011ds fer appearance before his own court. 1 20G When an officer of the Excise 01' Police Depart‘ V ment forwards'1n custody any person accused of an- o'fi'ence under this Act to the Magistrate having jurisdiction to try the case, or admits any person to bail to appear before such Magistrate he shall submit a report setting forth the name ,of the accused person and the nature of the ofl‘ence with which he was charged and the names of persons Who appear to be acquainted with the Circumstances of the case, and shall send to such Magistrate any article which it may be necessary to produce before him. Upon receipt of such report the Magis- trate shallinquire into such offence and try the person accused thereof in the like manner as if such report in writing made ,by a police officer under clause (b) of sub-section (1) of Section 190 of: the Code of Criminal Procedure,