Amendment status not verified — confirm the current text below against the official source.
Substituted by Act No.4 of 1994. Report by investigating officer. Report by #[Prohibition and Excise Officer]. Arrest, search, etc., how to be made. Security for appearance in case of arrest without warrant. 52 [Act No. 17 of 1968] (2) When a person is arrested under this Act, otherwise than a warrant, by a person or officer who is not authorized to release arrested persons on bail, he shall be produced before or forwarded to– (a) the nearest #[Prohibition and Excise Officer] who has authority to release the arrested persons on bail, or (b) the nearest officer-in-charge of the Police station, whoever is nearer. (3) Whenever any person arrested under this Act, otherwise than on a warrant, is prepared to give bail, and is arrested by or produced in accordance with sub-section (2) before an officer who has authority to release arrested persons on bail, he shall be released on bail or at the discretion of the officer releasing him, on his own bond. (4) The provisions of 84[sections 441 to 446 and section 449 of the Code of Criminal Procedure, 1973] shall apply so far as may be, in every case, in which bail is accepted or, bond taken under this section. 85[(5) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, no court shall grant any bail to any person accused of an offence punishable under sub- item (i) of item (1) of section 34 and to any person accused of an offence under clause (h) of section 34 or section 40A or section 50 or section 50A of this Act, unless the prosecuting officer is given an opportunity to oppose the application and the court record reasons while granting the bail.]