Tamil Nadu Prohibition Act Section 32 — Arrest of offenders and seizure of contraband liquor and articles without warrant
Criminal
Summary
Sub-section (1) empowers any Prohibition Officer, any officer of the Police or Land Revenue Departments, and any other person authorized in this regard to act without a warrant. Under clause (a), such an officer or person may arrest without warrant any person found committing an offence punishable under section 4, sub-section (1), or section 5, or section 7, or section 24, or any offence punishable with rigorous imprisonment for three years and upwards. Under clause (b), such officer or person may seize and detain any liquor, drug, or other article which he has reason to believe is liable to confiscation under this Act. Under clause (c), such officer or person may search any person, vessel, vehicle, animal, package, receptacle, or covering, upon whom or in or upon which he has reasonable cause to suspect any such liquor, drug, or other article to be or to be concealed.
The first proviso states that if the officer or person making the arrest under this section is not empowered under section 27 to admit to bail, the person arrested shall be forthwith forwarded to an officer so empowered, if such an officer is known to be within a distance of five miles from the place where the arrest took place, and it shall be the duty of such empowered officer to admit the person to bail if sufficient bail is tendered for his appearance before a Police or Prohibition Officer or Magistrate having jurisdiction to inquire into the case.
The second proviso states that where any toddy or wash or any sonti soru is seized under this section by any officer or person, such officer or person may destroy or cause to be destroyed on the spot the toddy, wash, or sonti soru, and send the pots or other receptacles in which the toddy, wash, or sonti soru was kept to the Police or Prohibition Officer or Magistrate having jurisdiction to inquire into the case.
The third proviso states that where any illicit arrack is seized under this section by any officer or person, such officer or person may, in the presence of a Prohibition Officer or any Police officer not below the rank of Inspector, do two things. Under clause (i), take two samples of the illicit arrack of such quantity and in such manner as may be prescribed. Under clause (ii), destroy or cause to be destroyed the illicit arrack and send the pots or other receptacles in which the illicit arrack was kept, together with the samples taken and a certificate from the officer in whose presence the samples were taken and the illicit arrack was destroyed, as to the total quantity of illicit arrack seized, the total quantity taken as samples, and the total quantity destroyed, to the Magistrate having jurisdiction to inquire into the case. The Magistrate shall, upon receipt of the samples, retain one in his Court and send the other to such officer as may be prescribed for chemical analysis.
The Explanation defines two terms for the purpose of this section. Sonti soru means a liquid prepared from rice or starch which is in the process of vinous or alcoholic fermentation or in which such fermentation has ceased. Wash means a mixture of water and saccharine materials which is in the process of vinous or alcoholic fermentation or in which such fermentation has ceased.
Sub-section (1) of section 32-A states that if the State Government considers that it is necessary to prevent or check the import, export, transport, or transit of liquor without obtaining a licence or permit as required under this Act, it may, by notification, direct the setting up of a check post or the erection of a barrier, or both, at such place or places as may be notified.
Sub-section (2) states that at every check post or barrier mentioned in sub-section (1), or at any other place when so required by the Prohibition Officer or the officer-in-charge of the check post or barrier or any other officer empowered by the State Government in this behalf, the driver or any other person in charge of any animal, vessel, cart, or other vehicle, as the case may be, shall stop the animal, vessel, cart, or other vehicle or keep it stationery so long as may reasonably be necessary, and allow the Prohibition Officer or officer-in-charge of the check post or barrier or the officer empowered as aforesaid to inspect the licence or permit obtained under the provisions of this Act.
Sub-section (3) states that any Prohibition Officer or any other officer specially empowered in this behalf may, at any place, require the driver or any other person in charge of any animal, vessel, cart, or other vehicle who imports, exports, transports, or transits liquor to stop the animal, vessel, cart, or other vehicle or keep it stationery so long as may reasonably be necessary for the purpose of satisfying himself that a licence or permit has been duly obtained in respect of such import, export, transport, or transit of liquor, and that the conditions of such licence or permit and the provisions of this Act and the rules made thereunder have been duly complied with in respect of such import, export, transport, or transit of liquor.
Sub-section (4) states that if, on such examination and inspection under sub-section (2) or sub-section (3), it appears under clause (a) that the licence or permit as required under the provisions of this Act in respect of the liquor carried has been obtained and the provisions of this Act and the rules made thereunder or the notification or order issued thereunder are complied with, the said officer shall release the animal, vessel, cart, or other vehicle with the liquor carried. Under clause (b), if it appears that the licence or permit as required under the provisions of this Act has not been obtained, or any of the provisions of this Act or any of the terms of any rule, notification, order, licence, or permit issued thereunder has not been complied
Official Text
-- Any prohibition Officer, any officer of the Police or Land Revenue Departments, and any other person authorized in that behalf—
(a) may arrest without warrant any person found committing an offence punishable [under section 4, sub-section (1) [***], or Section 5 [or section 7 or Section 24 or any offence punishable with rigorous imprisonment for three years and upwards]; b) may seize and detain any liquor, drug or other article which he has reason to believe to be to confiscation under this Act; and c) may search any person, vessel, vehicle, animal package, receptacle or covering, upon whom or in or upon which, he may have reasonable cause to suspect any such liquor, drug or other article to be or to be concealed: Provided that if the officer or person making the arrest under this section be not empowered under section 27 to admit to bail, the person arrested shall be forthwith forwarded to an officer so empowered; if such an officer is known to be within a distance of five miles from the place where such arrest took place and is shall be the duty of such officer empowered as aforesaid to admit such person to bail if sufficient bail be tendered for his appearance before a Police or Prohibition Officer or Magistrate having jurisdiction to inquire into the case: [Provided further that where any toddy or wash or any sonti soru is seized under this section by any officer or person, such officer or person may destroy or cause to be destroyed on the spot, the toddy, wash or sonti soru and send the pots or other receptacles in which the toddy, wash or sonti soru was kept the Police or prohibition Officer or Magistrate having jurisdiction to inquire into the case [***]. [Provided also that where any [illicit arrack] is seized under this section by any officer or person, such officer or person may, in the presence of a prohibition Officer or any Police officer not below the rank of Inspector,----
(i) take two samples of the [illicit arrack] or such quantity and in such manner as may be prescribed, and
(ii) destroy or cause to be destroyed the [illicit arrack] and send the pots or other receptacles in which the [illicit arrack] was kept together with the samples taken and a certificate from the Officer in whose presence the samples were taken and the [illicit arrack] was destroyed, as to the total quantity of [illicit arrack] seized, the total quantity taken as samples and the total quantity destroyed, to the Magistrate having jurisdiction to inquiry into the case. The Magistrate shall, upon the receipt of the samples, retain one in his Court and send the other to such Officer as may be prescribed for chemical Analysis.] Explanation .- For the purpose of this section,----- ―sonti soru‖ means a liquid prepared from rice or starch which is in the process of vinous or alcoholic fermentation or in which such fermentation has ceased; and ―wash‖ means a mixture of water and sacharine materials which is in the process of vinous or alcoholic fermentation or in which such fermentation has ceased. 32-A. Establishment of check post or barrier and inspection of liquor while in transit, etc. ---
(1) If the State Government consider that with a view to prevent or check the import, export, transport or transit of liquor without obtaining a licence or permit as required under the provisions of this Act, it is necessary so to do, they may, by notification, direct the setting up of check post or the erection of barrier or both, at such place or laces as may notified.
(2) At every chekpost or barrier mentioned in sub-section (1) or at any other place when so required by the Prohibition Officer or the officer-in-charge of the checkpost or barrier or any other officer empowered by the State Government in this behalf, the driver or any other person in-charge of any animal, vessel, cart or other vechicle, as the case may be, and keep it stationery so long as may reasonably be necessary and allow the Prohibition Officer or officer in-charge of the checkpost, or barrier or the Officer empowered as aforesaid to inspect the licence or permit obtained under the provisions of this Act.
(3) Any Prohibition Officer or any other officer specially empowered in this behalf, may at any place require the driver or any other person in-charge of any animal, vessel, cart or other vehicle who imports, exports, transports or transits the liquor to stop the animal, vessel, cart or other vehicle or keep it stationery so long as may reasonably be necessary for the purpose of satisfying himself that a licence or permit has been duly obtained in respect of such import, export, transport or transit of liquor and the conditions of such licence or permit and the provisions of this Act and the rules made thereunder have been duly complied with in respect of such import, export, transport or transit of liquor.
(4) If, on such examination and inspection under sub-section (2) or sub- section (3), it appears—
(a) that the licence or permit as required under the provisions of this Act in respect of the liquor carried has been obtained and the provisions of this Act and the rules made thereunder or the notification or order issued thereunder are complied with, the said officer shall release the animal, vessel, cart or other vehicle with the liquor carried, or
(b) that the licence or permit as required under the provisions of this Act has not been obtained or any of the provisions of this Act or any of the terms of any rule, notification, order, licence or permit, issued thereunder has not been complied with in respect of the liquor carried, the said officer, after making such inquiry as he deems fit and satisfying himself as to such non-obtainment or non-compliance, as the case may be, shall seize and confiscate such liquor.
(5) The driver or any other person in-charge of the animal, vessel, cart or other vehicle shall, if so required , give his name and address and the name and address of the owner of the animal, vessel, cart or other vehicle as well as those of the consignor and consignee, if any, of the liquor carried on such animal or in such vessel, cart or other vehicle , as the case may be.
(6) The driver of vessel, cart or other vehicle, shall, on demand by the said officer, produce for inspection his driving licence.
(7) If it appears to the said officer that the driver or the person in-charge of the animal, vessel, cart or other vehicle is not giving the correct name and address of the owner of the animal, vessel, cart, or other vessel or of the consignor or of the consignee, if any, of the liquor carried on such animal or in such vessel, cart or other vehicle and if the said officer is satisfied after making such inquiry as he deems fit that with a view to prevent the evasion of the provisions of this Act or the rues made there under it is necessary to confiscate such liquor, he may take steps for the seizure and confiscation of such liquor, in accordance with the provisions of this Act.]