Section 60 Telangana Excise Act: Security for appearance in case of arrest without warrant

Section 60: Security for appearance in case of arrest without warrant

How current this text is

Text as published by India Code for the Government of Telangana (Revenue Department): the Andhra Pradesh Excise Act, 1968 as in force in the combined State on 2 June 2014, adapted to Telangana under section 101 of the Andhra Pradesh Reorganisation Act, 2014 by the notification issued in G.O.Ms.No.162, Revenue (Excise-II) Department, dated 10.09.2015, with amendments up to Act No.32 of 2017.

Amendments made by Andhra Pradesh after 2 June 2014, such as A.P. Acts 2, 4 and 17 of 2020, do not apply in Telangana and are not in this text.

(1) The Government may, by notification, empower any ¹[Prohibition and Excise Officer] to release on bail persons arrested under this Act otherwise than on a warrant.

(2) When a person is arrested under this Act, otherwise than a warrant, by a person or officer who is not authorized to release arrested persons on bail, he shall be produced before or forwarded to–

(a) the nearest ¹[Prohibition and Excise Officer] who has authority to release the arrested persons on bail, or

(b) the nearest officer-in-charge of the Police station, whoever is nearer.

(3) Whenever any person arrested under this Act, otherwise than on a warrant, is prepared to give bail, and is arrested by or produced in accordance with sub-section (2) before an officer who has authority to release arrested persons on bail, he shall be released on bail or at the discretion of the officer releasing him, on his own bond.

(4) The provisions of ²[sections 441 to 446 and section 449 of the Code of Criminal Procedure, 1973] shall apply so far as may be, in every case, in which bail is accepted or, bond taken under this section.

³[(5) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, no court shall grant any bail to any person accused of an offence punishable under sub-item (i) of item (1) of section 34 and to any person accused of an offence under clause (h) of section 34 or section 40A or section 50 or section 50A of this Act, unless the prosecuting officer is given an opportunity to oppose the application and the court record reasons while granting the bail.]

Footnotes in the official text

1.Throughout the Act For Substituted 1. Excise Officer - Prohibition and Excise Officer 2. Commissioner of Excise - Commissioner of Prohibition and Excise 3. Additional Commissioner of Excise - Additional Commissioner of Prohibition and Excise 4. Deputy Commissioner of Excise - Deputy Commissioner of Prohibition and Excise 5. Assistant Commissioner of Excise - Assistant Commissioner of Prohibition and Excise 6. Excise Superintendent - $Prohibition and Excise Superintendent 7. Assistant Excise Superintendent - Assistant Prohibition and Excise and Superintendent 8. Excise Department - Prohibition and Excise Department [vide. Act No.17 of 1995.]
2.Substituted by Act No.20 of 1994.
3.Added by Act No.8 of 2010.