Tamil Nadu Prohibition Act Section 48 — Report of Police or Prohibition Officer to give jurisdiction to competent Magistrate
Criminal
Summary
When a Police or Prohibition Officer sends a person accused of an offence under this Act to the Magistrate who has the authority to inquire into or try the case, either by forwarding that person in custody or by granting bail to appear before the Magistrate, the officer must also send a report to that Magistrate. This report must state the name of the accused person, the nature of the offence with which the person is charged, and the names of the persons who appear to know about the circumstances of the case. The officer must also send to the Magistrate any article that may be necessary to produce before him.
Upon receiving this report, the Magistrate must inquire into the offence and try the accused person in the same manner as if a complaint had been made before him as prescribed in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).
Official Text
When a Police or Prohibition Officer forwards in custody any person accused of an offence under this Act to the Magistrate having jurisdiction to inquire into or try the case, or admits any such person to bail to appear before such Magistrate, such officer shall also forward to such Magistrate a report setting forth the name of the accused person and the nature of the offence with which he is charged and the names of the persons who appear to be acquainted with the circumstances of the case, and shall send to such Magistrate any article which it may be necessary to produce before him. Upon receipt of such report, the Magistrate shall inquire into such offence and try the person accused thereof in like manner as if complaint had been made before him as prescribed in the [Code of Criminal Procedure,1973 (Central Act 2 of 1974)].