The provisions of the Code of Criminal procedure, 1[1973 (Central Act 2 of 1974)] 2[x x x x] relating to arrest, searches, search warrants, production of persons arrested and investigation into offences shall be held to be applicable so far as may be, to all action taken in these respects under this Act:
Provided that-
3[(i) any offence punishable under this Act may be investigated into without the order of a Magistrate and any warrant issued by the Excise Commissioner or an Excise Officer duly empowered in this behalf under Section 46 may be executed by any officer selected for that purpose by the authority issuing the warrant;]
(ii) whenever an excise officer makes any arrest, seizure or search he shall within 24 hours thereafter make a full report of all the particulars of the arrest, seizure or search to his immediate official superior, and shall, unless bail be accepted under Section 49 take or send the person arrested and the article seized with all convenient dispatch to a Magistrate for trial.
3[(iii) no search shall be deemed to be illegal by reason only of the fact that witnesses for the search were not inhabitants of the locality in which the place of search is situated.] 4[iv) the provisions of section 162 of the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974) shall not apply to the investigations made under this Act].
Footnotes in the official text
- 1.Substituted vide Rajasthan Act. No. 30 of 1976
- 2.Omitted vide Rajasthan Act. No. 38 of 1957
- 3.Inserted vide Rajasthan Act. No. 28 of 1961
- 4.Added vide Rajasthan Excise (Amendment) Act, 2007 vide Notifi. No 2(27) Vidhi/2/2006, dt 6.6.2007