(1) When any person who in the presence of the [Commissioner],
Collector or any Prohibition Officer not below such rank as the 1[State] Government
may determine, has committed or has been accused of committing an offence under
this Act, refuses on demand of such officer to give his name and residence or gives
a name and residence which such officer has reason to believe to be false, he may
be arrested by such officer, in order that his name or residence may be ascertained.
(2) When the true name and residence of such person have been ascertained, he shall be released on his executing a bond with or without sureties, to appear before 2[a Magistrate having jurisdiction] when so required :
Provided that if such person is not resident in 3[India], the bond shall be secured, by a surety or sureties residing in 4[India]
(3) If the true name and residence of such person is not ascertained within twenty-four hours from the time of the arrest, or if he fails to execute the bond, or if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction
(2) When the true name and residence of such person have been ascertained, he shall be released on his executing a bond with or without sureties, to appear before 2[a Magistrate having jurisdiction] when so required :
Provided that if such person is not resident in 3[India], the bond shall be secured, by a surety or sureties residing in 4[India]
(3) If the true name and residence of such person is not ascertained within twenty-four hours from the time of the arrest, or if he fails to execute the bond, or if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction
1 This word was substituted for the word "Director" by Mah. 52 of 1973, s. 3 Sch.
2 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.