Tamil Nadu Prohibition Act Section 29 — Powers of entry and search without warrant
Criminal
Summary
This section allows certain officers to enter and search a place without a warrant. The officers covered are a Collector, a Prohibition Officer of a rank the State Government decides, a Police Officer of at least Sub-Inspector rank, an Officer in-charge of a police station, or any other paid or honorary officer authorized by the State Government. The officer must have reason to believe that an offence under sub-section (1) of section 4 has been committed, and that waiting to get a search warrant under Section 28 would prevent the search from being carried out. In such a case, the officer may, after recording the reasons and grounds for this belief, enter and search any place at any time, day or night. The officer may seize anything found there that he believes is liable to confiscation under this Act, and may detain, search, and if he thinks proper, arrest any person found in that place whom he believes is guilty of any offence under this Act.
The proviso states that every person arrested under this section must be released on bail by the officer making the arrest, if sufficient bail is tendered for the person's appearance either before a Magistrate or before a Police or Prohibition Officer, as the case may be.
Official Text
Whenever a Collector, any Prohibition Officer not below such rank as the [State] Government may determine, any Police Officer not below the rank of Sub-Inspector, any Officer in-charge of a police station, or any other paid or honorary officer authorized by the [State] Government in this behalf has reason to believe that an offence under sub-section (1) of section 4 has been committed and that the delay occasioned by obtaining a search warrant under Section 28 will prevent the execution thereof, he may, after recording his reasons and the grounds of his belief, at any time by day or night enter and search any place and may seize anything found therein which he has reason to believe to be liable to confiscation under this Act; and may detain and search and, if he thinks proper, arrest any person found in such place whom he has reason to believe to be guilty of any offence under this Act:
Provided that every person arrested under this section shall be admitted to bail by such officer as aforesaid, if sufficient bail be tendered for his appearance either before a Magistrate or before a Police or Prohibition Officer, as the case may be.