Section 12   [ View Judgements ]


3[(1) The 4[commissioner], Collector or 5[any officer duly empowered] or a Magistrate authorized under section 24 to take cognizance of offences under this Act may issue a warrant for the arrest of any person whom he has reason to believe, to have committed an offence under this Act, or for the search, whether by day or by night, of any place in which he has reason to believe that an offence under this Act has been, or is being or is likely to be committed, or in which opium, an instrument of smoking or an apparatus used in the preparation of opium is kept or concealed.

1[(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 an officer of the Prohibition and Excise Department duly empowered in this behalf, or if the officer issuing the warrant deems fit, by any other person.]

1. These words were substituted for the words and figures “under section 7, section 8 or section 9, is again convicted of an offence under any of the said sections” by Bom. 19 of S.16.

2. Sub-sections (1) and (2) were substituted, ibid., S. 17.

3. Section 12 was re-numbered as sub-section (1) of that section, ibid., S. 18.

4. This word was substituted for the word “Director” by Mah. of 1973, S. 3. Sch.

5. These words were substituted for the words “any officer of the Excise Department empowered” by Bom. 43 or 1949, S. 3.

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