Tamil Nadu Prohibition Act Section 52 — Power of District Magistrate to transfer cases
Criminal
Summary
The District Magistrate has the power to transfer any case under this Act that is pending inquiry or trial before any Magistrate or Officer in the district to any other Magistrate or Officer in the same district.
Sub-section (1) of Section 52-A: When a person is convicted of an offence punishable under clause (a), clause (aa), clause (aaa), clause (b), clause (c), clause (e), clause (f), clause (g), clause (h), clause (i), or clause (jj) of Section 4(1), and the convicting court believes that the person habitually commits, attempts to commit, or abets the commission of any such offence, and that it is necessary to require the person to execute a bond for abstaining from committing any such offence, the court may, at the time of passing sentence, order the person to execute a bond for a sum proportionate to his means, with or without sureties, for abstaining from committing such offence during a period not exceeding three years as the court thinks fit to fix.
Sub-section (2): The bond shall be in the form contained in Schedule II, and the provisions of the Code of Criminal Procedure, 1973 shall, so far as they are applicable, apply to all matters connected with such bond as if it were a bond to keep the peace ordered to be executed under section 106 of that Code.
Sub-section (3): If the conviction is set aside on appeal or otherwise, the bond so executed shall become void.
Sub-section (4): An order under this section may also be made by an Appellate Court or by the High Court when exercising its power of revision.
Sub-section (1) of Section 52-B: Notwithstanding anything contained in the Code of Criminal Procedure, 1973 or the Probation of Offenders Act, 1958, when any person is found guilty of (a) any offence punishable under Section 6, or (b) the commission, attempt to commit, or abetment of the commission of any of the acts making up any such offence as is referred to in clause (a), when such commission, attempt or abetment is punishable under section 12, and no previous conviction for any offence under this Act is proved against him, the court by which he is found guilty may, instead of sentencing him at once to any punishment, release him on his entering into a bond, with at least one surety, to appear and receive sentence when called upon at any time during such period not exceeding five years as the court may direct, and in the meantime to abstain from committing any offence under this Act. However, the court shall not direct the release of an offender under this section unless it is satisfied that the offender or his surety or one of his sureties has a fixed place of abode or regular occupation in the place for which the court acts or in which the offender is likely to live during the period named for the observance of the conditions.
Sub-section (2): Where the offender referred to in sub-section (1) is under twenty-four years of age, the court may make a supervision order placing the offender under the supervision of a probation officer appointed under the Probation of Offenders Act, 1958, as may be named in the order, during the period specified therein, and imposing such other conditions for securing such supervision as may be specified in the order. However, the period so specified shall not extend beyond the date on which, in the opinion of the court, the offender will attain the age of twenty-five years.
Sub-section (3): A court making a supervision order under sub-section (2) shall require the offender, before he is released, to enter into a bond, with at least one surety, to observe the conditions specified in such order and such additional conditions with respect to residence, abstention from intoxicants, and any other matters as the court may, having regard to the particular circumstances of the case, consider fit to impose for preventing the commission of any offence under this Act by the offender.
Sub-section (4): A court making a supervision order shall furnish to the offender and the surety or sureties a notice in writing stating in simple terms the conditions of the bond.
Sub-section (5): An order under this section may be made by any Appellate Court or by the High Court when exercising its powers of revision.
Section 52-BB: Except as provided in section 52-B, notwithstanding anything contained in the Code of Criminal Procedure, 1973 and the Probation of Offenders Act, 1958, no person convicted under this Act shall be released on probation or with admonition.
Sub-section (1) of Section 52-C: If the court before which the offender is bound by his bond under section 52-B to appear for sentence when called upon, or any court which could have dealt with the offender in respect of his original offence, has reason to believe that the offender has failed to observe any of the conditions of the bond executed by him, it may issue a warrant for his apprehension or may, if it thinks fit, issue a summons to the offender and his surety or sureties requiring him or them to attend before it at such time as may be specified in the summons.
Sub-section (2): The court before which the offender is so brought or appears may either remand him to custody until the case is concluded, or admit him to bail with at least one surety, to appear on the date of hearing.
Sub-section (3): If the court, after hearing the case, is satisfied that the offender has failed to observe any of the conditions of the bond executed by him, it may forthwith sentence him for the original offence.
Sub-section (4): An order under this section may be made by any Appellate Court or by the High Court when exercising its powers of revision.
Official Text
The District Magistrate shall have power to transfer any case under this Act pending inquiry or trial before any Magistrate or Officer in the district to any other Magistrate or Officer therein. 52-A. Security for abstaining from Commission of certain offences.—
(1) Whenever any person is convicted of an offence punishable under 1[clause (a),[clause (aa), clause (aaa). Clause (b), Clause (c), Clause (e), Clause (f), Clause (g), Clause (h), Clause (i), Clause (jj), of Section 4
(1) and the Court convicting him of opinion that such person habitually commits or attempts to commit, or abets the commission of any such offence and that it is necessary to require such person to execute a bond for abstaining from the commission of any such offence, the Court may, at the time of passing sentence on such person, order him to execute a bond for a sum, proportionate to his means, with or without sureties, for abstaining from the commission of such offence during such period, not exceeding three years as it thinks fit to fix.
(2) The bond shall be in the form contained in Schedule II, and the provisions of the [Code of Criminal Procedure,1973 (Central Act 2 of 1974)] shall in so far as they are applicable, apply to all matters connected with such bond as it if were a bond to keep the peace ordered to be executed under section 106 of that code.
(3) If the conviction is set aside on appeal or otherwise, the bond so executed shall become void.
(4) An orde under this section may also be made by an Appellate Court or by the High Court when exercising its power of revision. 52-B. Power to release certain offender of Prohibition on good conduct.-
(1) Notwithstanding anything contained in the [Code of Criminal Procedure, 1973 (Central Act 2 of 1974) or the probation of offenders Act, 1958 (Central Act 29 of 1958)] when any person is found guilty of—
(a) any offence punishable under [Section 6]; or
(b) the commission, attempt to commit, or abetment of the commission of any of the acts making up any such offence as is referred to I clasue
(a) when such commission, attempt or abetment is punishable under section 12; [***].
(c) [***].and no previous conviction for any offence under this Act is proved against him the court by which he is found guilty may instead of sentencing him at once to any punishment release him on his entering into a bond, with atleast one surety to appear and receive sentence when called upon at any time during such period not exceeding five years as the court may direct and in the meantime to abstain from committing any offence under this Act:
Provided that the court shall not direct the release of an offender under the section, unless it is satisfied that the offender or his surety or one of his sureties has a fixed place of abode or regular occupation in the place for which the court acts or in which the offender is likely to live during the period named for the observance of the conditions.
(2) Where the offender referred to in sub-section (1) is under twenty four years of age, the Court may make a supervision of such probation officer appointed under the Probation of Offenders Act, 1958 (Central Act 20 of 1958) as may be named in the order during the period specified therein and imposing such other conditions for securing such supervision as may be specified in the order;
Provided that the period so specified shall not extend beyond the date on which, in the opinion of the court, the offender will attain the age of twenty five years.
(3) A court making a supervision order under sub-section (2) shall require the offender, before he is released to enter into a bond, with atleast one surety, to observe the conditions specified in such order and such additional conditions with respect to residence, abstention from intoxicants and any other matters as the court may having regard to the particular circumstances of the case, consider fit to impose for preventing a commission of any offence under this Act by the offender.
(4) A court making a supervision order shall furnish to the offender and the surety or sureties a notice in writing stating in simple terms the conditions of the bond.
(5) An order under this section may be made by any Appellate Court or by the High Court when exercising its powers of revision. 52-BB Person not to be released on probation.-- Except as provided in section 52-B, not withstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) and the Probation of Offenders Act, 1958 (Central Act 20 of 1958), no person convicted under this Act shall be released on probation or with admonition. 52-C. Procedure in case of offender failing to observe condition of bond.-
(1) If the Court before which the offender is bound by his bond under section 52-B to appear for sentence when called upon, or any court which could have dealt with the offender in respect of his original offence, has reason to believe that the offender has failed to observe any of the conditions of the bond executed by him, it may issue a warrant for his apprehension or may, if it thinks fit, issue a summons to the offender and his surety of sureties requiring him or them to attend before it at such time as may be specified in the summons.
(2) The Court before which the offender is so brought or appears may either remand him to custody until the case is concluded, or admit, him to bail with atleast one surety, to appear on the date of hearing.
(3) If the Court after hearing the case is satisfied that the offender has failed to observe any of the conditions of the bond executed by him, it may forthwith sentence him for the original offence.
(4) An order under this section may be made by any Appellate Court or by the High Court when exercising its powers of revision. 52-D. Provision as to bonds.- The provisions of sections (121, 123, 124, 373, 446, 447, 448 and 449 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974)) shall, so far as may be, apply in the case of sureties given under this Act. 52-E. Removal of persons convicted of certain offences.---
(1) when any person having been previously convicted thrice or more---
(i) of an offence falling under clause (a), [clause (aa), clause (aaa). Clause (b), Clause (c), Clause (e), Clause (f), Clause (g), Clause (h), Clause (i), Clause (jj), of sub-section (1) of Section 4, or an offence falling under clause (k) of the said sub-section in so far as it relates to an act specified in any of the clauses aforesaid; or
(ii) of an offence falling under Section 5 or Section 7, is again convicted of the same offence, the Court may, if it thinks fit at the time of passing the sentence of [***] imprisonment on such person, also by order direct such person to remove himself after the expiry of such sentence outside the City of [Chennai] or any district in mofussil or other area specified in such order.
(2) The order under sub-section (1) shall specify the period not exceeding two years during which such order shall remain in force and shall also specify such conditions and restrictions as may be specified in the rules by the State Government.
(3) The Court may, at any time, for reasons to be recorded in writing, cancel or modify the order passed under sub-section (1).
(4) If such conviction is set aside on appeal or otherwise, such order shall become void.
(5) An order under this section may also be made by an appellate Court or by the High Court when exercising its powers of revision.
(6) If a person to whom a direction is issued under sub-section (1) to remove himself from any area-
(i) fails to remove himself as directed ; or
(ii) having so removed himself, except with the permission in writing of the Court mentioned in sub-section (1) enter the area within the period specified in order, the Court may cause him to be arrested and removed in Police custody to such place outside the area as the court may, in each case, specify.
(7) Any person who is guilty of the breach of any order passed under sub-section (1) or if any of the conditions or restrictions specified in such order shall be punished with [***] imprisonment which may extend to three years or with fine, or with both].