Tamil Nadu Prohibition Act Section 38 — Persons arrested how to be dealt with

Summary

Sub-section (1) covers what happens right after an arrest. When a person is arrested under sections 28, 29, 32, or 33, the arresting officer must immediately send the person to the nearest police station or to a Prohibition Officer, along with a report of the circumstances of the arrest. This is required unless bail has already been accepted under sections 28, 29, or 32.

Sub-section (2) explains the procedure for the officer in charge of the police station. When an arrested person is brought to the station, the officer in charge must either admit the person to bail to appear when summoned, either before the officer himself, before the Prohibition Officer, if any, or before any Police Officer within whose jurisdiction the offence is suspected to have been committed. If the person cannot provide bail, the officer must send the person in custody to that officer.

Sub-section (3) explains the procedure for the Police or Prohibition Officer who is empowered to enquire into the matter. When an arrested person is brought before such an officer in custody, or appears before the officer on bail, or when the officer himself made the arrest, the officer must hold an enquiry as he thinks necessary. After the enquiry, the officer must either release the person, send the person in custody to the Magistrate having jurisdiction to inquire into or try the case, or admit the person to bail to appear before that Magistrate.

The proviso to sub-section (3) deals with delays in the enquiry. If the enquiry is not started and completed on the same day the person was arrested, brought, or appeared before the officer, then the officer must admit the person to bail, if sufficient bail is tendered, to appear on a later day before the officer himself or before any other officer having jurisdiction to enquire into the case.

Official Text

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(1) When any person is arrested under the provisions of sections 28,29,32 or 33 the person arresting him shall, unless bail shall have been accepted under the provisions of sections 28,29 or 32, forthwith forward him to the nearest police station or to a Prohibition Officer, with a report of the circumstances under which such arrest was made.

(2) Procedure of police Station Officer.--- On any such person being brought to a police station as aforesaid, the officer in-charge thereof shall either admit him to bail to appear when summoned, before himself, or before the prohibition Officer, if any, or any Police Officer within the limits of the jurisdiction of which Prohibition or Police Officer the offence, with which he is charged is suspected to have been committed, or in default of bail, shall forward him in custody to such officer.

(3) Procedure of Police or Prohibition Officer empowered to enquire.- On any such person being brought in custody before a Prohibition or Police Officer as aforesaid or appearing before such officer on bail or when such officer as aforesaid has himself made the arrest, such Officer shall hold such enquiry as he may think necessary and shall either release such person or forward him, in custody to, or admit him to bail to appear before the Magistrate having jurisdiction to inquire into or try the case:

Provided that if such inquiry is not commenced and completed on the day on which such person is arrested by or is brought or appears before such officer, he shall if sufficient bail be tendered for the appearance of the person arrested, admit such person to bail to appear on any subsequent day before himself or any other officer having jurisdiction to inquire into the case.

Sections referred to

• Tamil Nadu Prohibition Act §28 — Issue of search warrants
• Tamil Nadu Prohibition Act §29 — Powers of entry and search without warrant
• Tamil Nadu Prohibition Act §32 — Arrest of offenders and seizure of contraband liquor and articles without warrant

Referred to by

• Tamil Nadu Prohibition Act §9 — Punishment for vexatious delay
• Tamil Nadu Prohibition Act §15 — Offences under Act to be cognizable: All offences under this Act shall be cognizable and the provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) with respect to cognizable offences shall apply to them. 15-A. Summary trial of certain offences: Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), the State of Government may confer on
• Tamil Nadu Prohibition Act §39 — Persons arrested to be admitted to bail
• Tamil Nadu Prohibition Act §42 — Power of Police or Prohibition Officer to summon witnesses
• Tamil Nadu Prohibition Act §54 — Power to make rules

Related Judgments

• G. SUNDARRAJAN vs UNION OF INDIA AND ORS — Supreme Court of India (2013)
• 20TH CENTURY FINANCE CORPORATION LTD. AND ANR. vs STATE OF MAHARASHTRA — Supreme Court of India (2000)
• MAHINDRA ELECTRIC MOBILITY LIMITED AND ANR. vs COMPETITION COMMISSION OF INDIA AND ANR — Delhi High Court (2019)
• MADRAS CITY WINE MERCHANTS' ASSON. AND ANR. vs STATE OF TAMIL NADU AND ANR — Supreme Court of India (1994)