Title : Power of Excise Officers in Matters of Investigation
State : Karnataka
Year : 1965
Section 55 - Power of Excise Officers in matters of investigation (1) Any1[Inspector of Excise or a Sub- Inspector of Excise] or any Excise Officer not below such rank and within such specified area as the State Government may, by notification, prescribe, may, as regard offences under section 32, section 33, section 342[section 35, section 36, section 37, section 38 or section 38A] exercise powers conferred on an officer in charge of a police station by the provisions of the3[Code of Criminal Procedure 1973] : Provided that any such power shall be subject to such restrictions and modifications, if any, as the State Government may prescribe. (2) For the purposes of section 156 of the Code, the area in regard to which an1[Inspector of Excise or a Sub-Inspector of..... View Complete Act List Judgments citing this sectionTitle : Report by Investigating Officer
State : Karnataka
Year : 1965
Section 56 - Report by Investigating Officer If, on any investigation by an1[Inspector of Excise, a Sub-Inspector of Excise] or an Excise Officer empowered under sub-section (1) of section 55, it appears that there is sufficient evidence to justify the prosecution of the accused, the Investigating Officer, shall submit a report (which shall, for the purposes of section 190 of the2[Code of Criminal Procedure, 1973] , be deemed to be a police report) to a Magistrate having jurisdiction to inquire into or try the case and empowered to take cognizance of offences on police reports. _______________________________ 1. Substituted by Act 1 of 1971 w.e.f. 07.08.1970. 2. Substituted by Act 32 of 1982 w.e.f. 04.09.1982. View Complete Act List Judgments citing this sectionTitle : Report by Excise Officer
State : Karnataka
Year : 1965
Section 57 - Report by Excise Officer Whereany Excise Officer below the rank of 1 [a Sub-Inspector of Excise]makes any arrest, seizure or search under this Act, he shall, within twenty-fourhours thereafter,- (a)make a full report of all the particulars of the arrest, seizure or search tohis immediate official superior 2 [;] (b)unless bail be accepted under section 59, take or send the person arrested 2 [xx x], with all convenient despatch, to a Magistrate for trial or adjudication 3 [;and] 4 [(c)make a report of such seizure and take or send the thing seized, with allconvenient despatch, to the authorised officer.] _______________________________ 1.Substituted by Act 1 of 1971 w.e.f. 07.08.1970. 2.Substituted by Act 36 of 1987 w.e.f. 10.08.1987...... View Complete Act List Judgments citing this sectionTitle : Arrest, Search, Etc., How to Be Made
State : Karnataka
Year : 1965
Section 58 - Arrest, search, etc., how to be made Any person arrested under this Act shall be informed, as soon as may be, of the grounds for such arrest and save as in this Act otherwise expressly provided, the provisions of the1[Code of Criminal Procedure, 1973], relating to arrest, detention in custody, searches, summonses, warrants of arrests, search-warrants, the production of persons arrested and the disposal of things seized, shall apply, as far as may be, to all action taken in these respects under this Act: 2[Provided that no search shall be deemed to be irregular by reason only of the fact that witnesses for the search are not inhabitants of the locality in which the place searched is situated.] _______________________________ 1. Substituted by Act 32..... View Complete Act List Judgments citing this sectionTitle : Security for Appearance in Case of Arrest Without Warrant
State : Karnataka
Year : 1965
Section 59 - Security for appearance in case of arrest without warrant (1) The State Government may, by notification, empower any Excise Officer to release on bail person arrested under this Act, otherwise than on a warrant. (2) When a person is arrested under this Act, otherwise than on a warrant, by a person or officer who is not authorised to release arrested persons on bail, he shall be produced before or forwarded to,- (a) the nearest Excise Officer who has authority to release 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..... View Complete Act List Judgments citing this sectionTitle : Certificate of Inspectors of Excise to Be Evidence
State : Karnataka
Year : 1965
Section 59A - Certificate of Inspectors of Excise to be evidence 1 [59A.Certificate of Inspectors of Excise to be evidence- Any document purporting to be a certificate under the hand of an Inspector of Excise who has undergone the prescribed training in the examination and analysis of intoxicants and materials and who is authorised by the State Government in this behalf, in respect of any matter or thing submitted to him for examination or analysis and report may be used as evidence of the facts stated in such certificate, in any proceedings under this Act: but the court may, if it thinks fit, and shall on the application of the prosecution or the accused person summon and examine any such Inspector of Excise as to the subject matter of his certificate.] ..... View Complete Act List Judgments citing this sectionTitle : Procedure for Prosecution
State : Karnataka
Year : 1965
60. Procedure for prosecution.-- No Magistrate shall take cognizance of an offence punishable,- (a) under section 35 or section 38 except on the complaint or report of the Deputy Commissioner or of an Excise Officer authorised by the Deputy Commissioner in this behalf, or (b) under any other section of this Act other than section 46 or section 48, except on his own knowledge or suspicion or on the complaint or report of an Excise or Police Officer. View Complete Act List Judgments citing this sectionTitle : Procedure to Be Followed by Magistrate
State : Karnataka
Year : 1965
Section 60A - Procedure to be followed by Magistrate 1 [60A.Procedure to be followed by Magistrate.-- (1)In all trials for offences under this Act, the Magistrate shall follow theprocedure prescribed in the Code of Criminal Procedure, 1898, for the trial ofsummary cases in which an appeal lies: Providedthat if in respect of any case, the Magistrate for reasons to be recorded inwriting, decides that it is not desirable to follow such procedure, he shallfollow the procedure prescribed in Chapter XX or Chapter XXI of the said Codeaccording as the case is a summons case or a warrant case.] _______________________________ 1.Inserted by Act 1of 1971 w.e.f. 07.08.1970. View Complete Act List Judgments citing this sectionTitle : Revision
State : Karnataka
Year : 1965
The State Government may call for and examine the records of any proceedings before any officer including those relating to the grant or refusal of a licence, or permit, for the purposes of satisfying itself as to the correctness, legality or propriety of any order passed in, and as to the regularity of such proceedings and may either annul, reverse, modify or confirm such order or pass such other order as it may deem fit : Provided that no order shall be annulled, reversed or modified except after giving a reasonable opportunity of being heard to the person affected by that order. View Complete Act List Judgments citing this sectionTitle : Recovery of Government Dues
State : Karnataka
Year : 1965
(1) The following moneys, namely:- (a) all excise revenue, (b) any loss that may accrue when, in consequence of default, a lease under section 17 has been taken under management by the Deputy Commissioner, or has been re-sold by him, and (c) of amounts due to the Government by any person on account of any contract relating to the excise revenue, may be recovered from the person primarily liable to pay the same or from his surety, if any, as if they were arrears of land revenue. (2) When a lease has been taken under management by the Deputy Commissioner, or has been re-sold by him, the Deputy Commissioner may recover, in the manner authorised by sub-section (1), any money due to the defaulter by any lessee or assignee. View Complete Act List Judgments citing this section