Tamil Nadu Prohibition Act Section 41 — Procedure in case of default of person admitted to bail to appear before Prohibition Officer
Criminal
Summary
Section 41: When a person who was released on bail fails to appear before the Police or Prohibition Officer as required, and that officer believes the penalty mentioned in the bail bond should be collected from the bailed person or their surety, the officer must send the bond to the Magistrate who has authority over the original offence. The Magistrate then has to enforce the payment of that penalty using the same procedure that the Code of Criminal Procedure, 1973 provides for recovering penalties when a person fails to appear before the Magistrate's own court.
Section 41-A, sub-section (1): An officer who is authorised to arrest a person for an offence under Section 4(1)(j) relating to consumption of liquor or any intoxicating drug, and who believes that a person has consumed such substances, may bring that person before a medical officer authorised by the State Government. The officer can then ask the medical officer to give a certificate stating whether the person has consumed liquor or an intoxicating drug, or is in a state of intoxication.
Sub-section (2): The medical officer before whom such a person is brought is required to examine the person and give the officer a certificate about the person's condition. If a specific form has been prescribed for this certificate, it must be given in that form.
Sub-section (3): If the person brought for examination is a woman, the examination must be done by a woman medical officer who is authorised by the State Government.
Sub-section (4): A person who has been brought before a medical officer under this section must allow the medical officer to examine them.
Sub-section (5): If a person who is required to undergo medical examination resists being brought before the medical officer, or refuses to be examined, it is lawful to use all necessary means to secure their production and examination.
Sub-section (6): Resisting production or refusing to allow examination under this section is treated as an offence under section 186 of the Indian Penal Code.
Sub-section (7): In trials under this Act, if a person who was brought before a medical officer under this section resisted or refused to be examined, the court may presume, unless the contrary is proved, that the accused committed an offence under Section 4(1)(j).
Sub-section (8): A document that appears to be a certificate signed by an authorised medical officer can be used as evidence of the facts stated in it in any proceeding under this Act or under sections 272 to 276 of the Indian Penal Code. However, the court may, at the request of the accused, order the medical officer who issued the certificate to appear for cross-examination.
Section 41-B: In any trial for an offence under Section 4(1)(j), if it is proved that a person consumed liquor or any intoxicating drug, it is presumed, until the contrary is proved, that the liquor or intoxicating drug was an illicit variety.
Official Text
When by reason of default of appearance of a person bailed to appear before a Police or Prohibition Officer, such officer is of opinion that proceeding should be had to compel payment of the penalty or penalties mentioned in the bond of the person bailed or of the surety or sureties, he shall forward the bond to the Magistrate having jurisdiction to inquire into or try the offence of which the person bailed was accused, and the Magistrate shall proceed to enforce the payment of the penalty or penalties in the manner provided by the [Code of Criminal Procedure, 1973 (Central Act 2 of 1974)] for the recovery of penalties in the like case of default or appearance by a person bailed to appear before his own Court. [41-A. Obtaining of medical certificates in the case of persons found in a state of intoxication.---
(1) Any officer authorised to arrest a person for an offence punishable under Section 4
(1)
(j) in so far as it relates to consumption of liquor or any intoxicating drug who has reason to believe that any person has consumed liquor or any intoxicating drug, may produce such person for examination, before any medical officer authorised by the State Government and request the medical officer to furnish a certificate on his finding whether such person has consumed any liquor or intoxicating drug or is in a state of intoxication or not.
(2) Any medical officer before whom such person is produced shall be bound to examine such person and furnish to the officer by whom such person has been produced a certificate as to the state of such person, and if any form has been prescribed for the purpose, in such form.
(3) If the person produced is a woman, the examination shall be carried out by a woman medical officer authorized by the State Government.
(4) Any person who has been produced before a medical officer in pursuance of this section shall allow himself to be examined by the medical officer.
(5) If any person who under this section is required to undergo medical examination resists or refuses to allow himself to be produced before or to be examined by the medical officer, it shall be lawful to use all means necessary to secure the production and examination of such person.
(6) Resistance to production or refusal to allow examination under this section shall be deemed to be an offence under section 186 of the Indian penal Code (Central Act XLV of 1860).
(7) In trials under this Act, it may be presumed unless and until the contrary is proved, that the accused has committed an offence under section 4
(1)
(j) if he having been produced before a medical officer under this section had resisted or had refused to allow himself to be examined by such medical officer.
(8) Any document purporting to be a certificate signed by a medical officer authorized by the State Government may be used as evidence of the facts stated that therein in any proceeding under this Act of under Sections 272 to 276 of the Indian penal Code (Central Act XLV of 1860) but the Court may at the instance of the accused order the attendance for cross examination of the medical officer who issued the certificate. [41-B. Presumption that the liquor consumed is an illicit variety.—Where in any trial of an offence punishable under section (4)
(1) (j), it is proved that a person has consumed liquor or any intoxicating drug, it shall be presumed, until the contrary is proved, that such liquor or intoxicating drug is an illicit variety.]