Tamil Nadu Prohibition Act Section 28 — Issue of search warrants
Criminal
Summary
If a Collector, Prohibition Officer, or magistrate receives information and, after any inquiry they consider necessary, believes that an offence under sub-section (1) of Section 4 has been committed, they may issue a search warrant. This warrant is for searching any liquor, intoxicating drug materials, still, utensil, implement, or apparatus connected to the alleged offence.
Any person entrusted with carrying out such a warrant may obtain and search the place, and if they think it proper, arrest any person found there if they have reason to believe that person is guilty of any offence under this Act.
Provided that every person arrested under this section shall be released on bail by the arresting person, if sufficient bail is tendered for their appearance before a Magistrate or a Police or Prohibition Officer, as the case may be.
Before issuing such a warrant, the Collector, Prohibition Officer, or magistrate must examine the information on oath, and this examination must be reduced to writing in a summary manner, signed by the informant and also by the Collector, Prohibition Officer, or magistrate.
Official Text
If any Collector, Prohibition Officer or magistrate, upon information obtained and after such inquiry as he thinks necessary, has reason to believe that an offence under sub-section (1) of Section 4 has been committed, he may issue a warrant for the search for any liquor, intoxicating drug materials, still, utensil, implement or apparatus in respect of which the alleged offence has been committed. Any person who has been entrusted with the execution of such a warrant may obtain and search, and if he thinks proper, arrest any person found in the place searched, if he has reason to believe such person to be guilty of any of offence under this Act:
Provided that every person arrested under this section shall be admitted to bail by the person arresting, if sufficient bail be tendered for his appearance either before a Magistrate or before a Police or prohibition Officer, as the case may be. Before issuing such warrant the Collector, Prohibition Officer or Magistrate shall examine the information oath and the examination shall be reduced in writing in a summary manner and be signed by the informant and also by the Collector, Prohibition Officer or Magistrate.