Section 129State of Gujarat Act

Section 129: Prohibition Officers may be empowered to investigate offences

Gujarat Prohibition Act, 1949

Prohibition Officers may be empowered to investigate offences.

(1)

The [State] [This word was substituted for the word 'Provincial' by Adaptation of Laws Order, 1950.] Government may empower any Prohibition Officer to investigate offences under this Act.

(2)

An officer empowered under sub-section (1) shall in the conduct of such investigation exercise the powers conferred by [the Code of Criminal Procedure, 1973 (2 of 1974)] [Substituted 'the Code of Criminal Procedure, 1898 (V of 1898)' by Gujarat Act No. 9 of 2017, dated 16.3.2017.], upon an officer-in-charge of a police station for the investigation of cognizable offences.

(3)

Any Prohibition Officer; to whom such officer is subordinate may, during the course of the investigation, take over the investigation himself or direct any other Prohibition Officer duly empowered to conduct the same. The officer in conducting the investigation shall have the same power under sub-sections (1) and (2) as if he were the Prohibition Officer appointed for the area or for the purpose of investigating the said offences.

(4)

If the Prohibition Officer conducting the investigation is of the opinion that there is no sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate, or that the person arrested may be discharged with a warning, such officer shall release him on' his executing a bond with or without sureties, to appear, if and when so required, before a Magistrate empowered to take cognizance of the offence and shall make a full report of the case to his official superior and be guided by the order which he shall receive on such report.

(5)

The powers of any officer empowered under this section shall be subject to such other modifications or restrictions as the [State] [This word was substituted for the word 'Provincial' by Adaptation of Laws Order, 1950.] Government may deem fit.

Sec 128A — [ Certain provisions to apply to denatured spirituous preparations. [Section 128A was substituted for the original by Bombay 22 of 1960, Section 85.]

Sec 129A — [ Power to require persons to submit to medical examination, etc. [Sections 129A and 129B were inserted by Bombay 12 of 1959, Section 16.]

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