127. Arrest of offender failing to give name. नाव सांगण्यात कसूर करणा-या अपराध्यास अटक.

127. Arrest of offender failing to give name. नाव सांगण्यात कसूर करणा-या अपराध्यास अटक.

1. (1) When any person who in the presence of the ¹Commissioner¹, Collector or any Prohibition Officer not below such rank as the ²State² 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. (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 ³a Magistrate having jurisdiction³ when so required :

   Provided that if such person is not resident in ⁴India⁴, the bond shall be secured by a surety or sureties residing in ⁴India⁴

3. (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.

128. A Certain provisions to apply to denatured spiritous preparation. विवक्षित तरतुदी विप्रकृत मद्यसारयुक्त सिद्धपदार्थास लागू असणे.

1. (1) The ¹Commissioner¹, Collector or any Prohibition Officer duly empowered in this behalf ⁵or in Greater Bombay, a Deputy Commissioner of Police or an Assistant Commissioner of Police⁵ in charge of a Division, or a Magistrate or ⁷a Superintendent of Police⁷ or an Assistant or Deputy Superintendent of Police specially empowered by the ²State² Government in this behalf may issue a warrant—

   1. (a) for the arrest of any person whom he has reason to believe to have committed an offence under this Act or any other law relating to the excise revenue for the time being in force;

   2. (b) for the search whether by day or by night of any building, vehicle or place in which he has reason to believe that any intoxicant, hemp, ⁸mhowra flowers⁸ or molasses are manufactured or sold or stored or that any toddy is drawn contrary to the provisions of this Act or that any intoxicant, hemp ⁹mhowra flowers, molasses⁹ or other thing liable to confiscation or forfeiture, under this Act or any other law for the time being in force relating to the excise revenue is kept or concealed ¹⁰and for the seizure of such intoxicant, hemp, mhowra flowers, molasses or such other thing found in such building, vehicle or place¹⁰.

2. (2) All warrants issued under sub-section (1) shall be executed in accordance with the provisions of the Code of Criminal Procedure, 1898, by a Police Officer or a Prohibition Officer duly empowered in this behalf or if the officer issuing warrant deems fit, by any other person.

128A.

¹¹The provisions of sections 80, 98, 99, 103 (1), 104, 120, 121, 122, 123, 124, 125, 128, 135 and 139 shall apply to denatured sprituous preparations as they apply to any intoxicant under this Act.¹¹