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Start Free TrialBombay Abkari Act, 1878, (Maharashtra) Section 50
Title: Vexatious Delay in Forwarding to a Magistrate a Person Arrested Under Section 38
State: Maharashtra
Year: 1878
1[Any Abkari or other officer or person who vexatiously and unnecessarily delays forwarding to a Magistrate or to the officer in-charge of a police-station as required by section 38-B any person arrested under section 38-A shall be punished with fine which may extend to two hundred rupees.] ____________ 1. Sections 50 and 50-A were substituted for the original section 50 by Bom. Act XII of 1912, section 34.
View Complete Act List Judgments citing this sectionBombay Abkari Act, 1878, (Maharashtra) Section 41A
Title: Procedure on Arrest
State: Maharashtra
Year: 1878
1[Every person arrested and thing seized under section 36, 37 or 40 shall, unless the arrest or seizure has been made by an Abkari-officer exercising powers under section 41, be forwarded without delay to the nearest Abkari-officer exercising such powers, or if there be no such officer within a reasonable distance, to the officer in charge of the nearest police-station.] _____________ 1. Sections 41-A and 41-B were substituted for the original section 41 by Bom. Act XII of 1912, section 25.
View Complete Act List Judgments citing this sectionBombay Abkari Act, 1878, (Maharashtra) Section 38A
Title: Arrest Without Warrant
State: Maharashtra
Year: 1878
1[Any Commissioner or Collector or Abkari-officer duly empowered in this behalf may arrest without an order from a Magistrate and without warrant any person who obstructs him in the execution of his duty under this Act or who has escaped or attempts to escape from custody in which he has been or is lawfully detained under this Act.] ____________ 1. Sections 38-A, 38-B, 38-C and 38-D were inserted by Bom. Act XII of 1912, section 22.
View Complete Act List Judgments citing this sectionBombay Abkari Act, 1878, (Maharashtra) Section 38B
Title: Disposal of Person Arrested
State: Maharashtra
Year: 1878
1[Subject to the provisions as to bail hereinafter contained every person arrested under section 38-A shall without unnecessary delay be taken or sent by the person arresting him before a Magistrate having jurisdiction in the case or before the officer in charge of police-station.] ____________ 1. Sections 38-A, 38-B, 38-C and 38-D were inserted by Bom. Act XII of 1912, section 22.
View Complete Act List Judgments citing this sectionBombay Abkari Act, 1878, (Maharashtra) Section 38C
Title: Procedure
State: Maharashtra
Year: 1878
1[The provisions of section 61 of the Code of Criminal Procedure, 1898, 2 shall apply to all arrests made without warrant by Abkari-officers.] ____________ 1. Sections 38-A, 38-B, 38-C and 38-D were inserted by Bom. Act XII of 1912, section 22. 2. The reference to Act X of 1872 is altered in accordance with Act V of 1898, section 3.
View Complete Act List Judgments citing this sectionBombay Abkari Act, 1878, (Maharashtra) Section 38D
Title: Refusal to Give Name and Residence
State: Maharashtra
Year: 1878
1[(1) When any person who in the presence of any officer of the Abkari Department of such rank as Government may prescribe has committed or has been accused of committing an offence under this Act refuses, on demand of such officer, to give his name and residence or gives a name and residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained. (2) When the true name and residence of such person have been ascertained, he shall be released on his executing a bond, with or without sureties, to appear before a Magistrate if so required : Provided that, if such person is not resident in British India, the bond shall be secured by a surety or sureties resident in British India. (3) Should the true name and residence of such person not be ascertained within twenty-four hours from the time of arrest or should be fail to execute the bond or, if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction.] ____________ 1. Sections 38-A, 38-B, 38-C and 38-D were inserted by Bom. Act XII of 1912, section 22.
View Complete Act List Judgments citing this sectionBombay Abkari Act, 1878, (Maharashtra) Section 39
Title: Officers to Bound to Assist
State: Maharashtra
Year: 1878
1[All village officers, all village servants useful to Government and all officers of the departments of Police, Forest, Customs, Salt and Revenue and of the Bombay, Karachi and Aden Port Trusts, shall be bound - (a) to give immediate information to an Abkari-officer of the commission of any offence, and of the intention or preparation to commit any offence under this Act which may come to their knowledge; (b) to take all reasonable measures in their power to prevent the commission of any such offence which they may know or have reason to believe is about to be committed; (c) to assist any Abkari-officer in carrying out the provisions of this Act.] _________ 1. Sections 39 and 39-A were substituted for the original section 39 by Bom. Act XII of 1912, section 23.
View Complete Act List Judgments citing this sectionBombay Abkari Act, 1878, (Maharashtra) Section 39A
Title: Duty of Landholders and Others to Give Information
State: Maharashtra
Year: 1878
1[Every owner or occupier of land and the agent of any such owner or occupier of land on which there shall be any manufacture of any excisable article not licensed under this Act, or the unlawful cultivation or collection of any plant from which an intoxicating drug can be produced, shall in the absence of reasonable excuse be bound to give notice of the same to a Magistrate or to an officer of the departments of Abkari, Police or Revenue immediately the same shall have come to his knowledge.] _________ 1. Sections 39 and 39-A were substituted for the original section 39 by Bom. Act XII of 1912, section 23.
View Complete Act List Judgments citing this sectionBombay Abkari Act, 1878, (Maharashtra) Section 40
Title: Issue of Warrants
State: Maharashtra
Year: 1878
.....reason to believe to have committed an offence against this or any other law relating to Abkari-revenue for the time being in force, or (b) for the search, whether by day or by night, of any building, vessel or place in which he has reason to believe that any 'excisable article or hemp' is manufactured or sold, or that any toddy is drawn contrary to the provisions of this Act, or that any 1 excisable article or hemp 2 or other thing liable to confiscation under this or any other law for the time being in force relating to Abkari-revenue is kept or concealed. All warrants issued under this section shall be executed in accordance with the provisions of the Code of Criminal Procedure, 1898, 1 by a Police-officer or by an Abkari-officer duly empowered in this behalf, or, if the officer issuing the warrant deems fit, by any other person. _________ 1. These words were substituted for the original words by Bom. Act XII of 1912, section 24. 2. The reference to Act X of 1872 is altered in accordance with Act V of 1898, section 3.
View Complete Act List Judgments citing this sectionBombay Abkari Act, 1878, (Maharashtra) Section 41
Title: Certain Abkari
State: Maharashtra
Year: 1878
.....forwarding of an accused to a Magistrate, or that the person arrested may be discharged with a warning, such officer shall release him on his executing a bond, with or without sureties, to appear, if and when so required, before a Magistrate empowered to take cognizance to the offence, and shall make a full report of the case to his official superior and be guided by the order which he shall receive on such report; (ii) the powers of an officer empowered under this section shall be subject to such further modifications or restrictions as Government may prescribe.] _____________ 1. Section 41 was substituted for the original section 41 by Bom. Act XII of 1912, section 25.
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