DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.34369#0107
A.D. 1840.]
ACT XXV.
97
power of adjudicating cases of contravention of the abkarry laws, in
addition to the powers attaching to the office of superintendent of abkarry
revenue in the district or districts assigned to him: provided that no such
superintendent, when so vested with the powers of adjudication, shah
sentence any person to a fine exceeding two hundred rupees, whether
commutable or otherwise, or to imprisonment for a term exceeding
three months, except for a second ohence under Section XVII. of this
Act.
IV. And it is hereby enacted, that the warrant of any officer authorized
or speciallv appointed to adjudicate cases of contravention of the abkarry
laws, certifying the conviction of any individual, with a specification of the
offence proved and penalty adjudged, shall be authority for the levying of
any fine imposed, as-therein specified, and for the detention of the person
therein described in the civil gaol of the district as may be therein pre-
scribed : provided always, that it shall be competent to the commissioner,
upon appeal by the parties concerned, or of his own motion, to call for
the papers and revise the proceedings in any case decided by such super-
intendent, and to alter or reverse the judgment passed thereon; and a
like power shall be possessed and exercised by the Board of
6026^ or by any other Board possessing like authority, whenever
they think proper.
V. And it is hereby enacted, that any officer employed in the abkarry
department above the rank of jemadar of peons, who shall receive infor-
mation that any person without a license is engaged in the manufacture of
fermented or spirituous liquors, or in the preparation of intoxicating
drugs, or has on his premises fermented or spirituous liquors or intoxi-
cating drugs in such quantity as may render such person liable to the
suspicion of secretly and illicitly trafficking in such articles, shall and is
hereby authorized and required to take the deposition of the informer in
writing; and if the information so given shall appear credible, so as to
justify such proceeding, it shall further be competent to such officer to
enter and search such premises as may be declared by the informer to
contain the illicit articles specified in his deposition, and to seize all illicit
stills and materials of the kind used in manufacturing liquors and pre-
paring drugs, as well as all fermented or spirituous liquors or intoxicating
drugs, and to arrest the owner or occupant of the premises, together
with all parties concerned in the transaction who may be found on the
premises.
VI. And it is hereby enacted, that, except in cases already provided for
by Section XVIII. Regulation VII. of 1824, if any person or persons shall
by threats or violence prevent the lawful arrest of any person bv an officer
duly authorized to seize illicit stills, fermented or spirituous liquors or intoxi-
cating drugs, and materials fbr the manufacture of the same, or shall pro-
cure by unlawful means his release after arrest, or shall obstruct any officer
duly authorized in making search fbr or seizure of any of the above-men-
tioned illicit articles, or shall rescue such articles after seizure, or if the party
found with any such illicit articles in his possession, or any other person or
persons, shall resist such officer in the execution of a legal process, such
VOL. m. o
exceeding two hundred
rupees.
The superintendent's
warrant sufficient au-
Who competent to
receive information of
illicit manufactories of
spirits, and to search
Fine or imprison
ment.
ACT XXV.
97
power of adjudicating cases of contravention of the abkarry laws, in
addition to the powers attaching to the office of superintendent of abkarry
revenue in the district or districts assigned to him: provided that no such
superintendent, when so vested with the powers of adjudication, shah
sentence any person to a fine exceeding two hundred rupees, whether
commutable or otherwise, or to imprisonment for a term exceeding
three months, except for a second ohence under Section XVII. of this
Act.
IV. And it is hereby enacted, that the warrant of any officer authorized
or speciallv appointed to adjudicate cases of contravention of the abkarry
laws, certifying the conviction of any individual, with a specification of the
offence proved and penalty adjudged, shall be authority for the levying of
any fine imposed, as-therein specified, and for the detention of the person
therein described in the civil gaol of the district as may be therein pre-
scribed : provided always, that it shall be competent to the commissioner,
upon appeal by the parties concerned, or of his own motion, to call for
the papers and revise the proceedings in any case decided by such super-
intendent, and to alter or reverse the judgment passed thereon; and a
like power shall be possessed and exercised by the Board of
6026^ or by any other Board possessing like authority, whenever
they think proper.
V. And it is hereby enacted, that any officer employed in the abkarry
department above the rank of jemadar of peons, who shall receive infor-
mation that any person without a license is engaged in the manufacture of
fermented or spirituous liquors, or in the preparation of intoxicating
drugs, or has on his premises fermented or spirituous liquors or intoxi-
cating drugs in such quantity as may render such person liable to the
suspicion of secretly and illicitly trafficking in such articles, shall and is
hereby authorized and required to take the deposition of the informer in
writing; and if the information so given shall appear credible, so as to
justify such proceeding, it shall further be competent to such officer to
enter and search such premises as may be declared by the informer to
contain the illicit articles specified in his deposition, and to seize all illicit
stills and materials of the kind used in manufacturing liquors and pre-
paring drugs, as well as all fermented or spirituous liquors or intoxicating
drugs, and to arrest the owner or occupant of the premises, together
with all parties concerned in the transaction who may be found on the
premises.
VI. And it is hereby enacted, that, except in cases already provided for
by Section XVIII. Regulation VII. of 1824, if any person or persons shall
by threats or violence prevent the lawful arrest of any person bv an officer
duly authorized to seize illicit stills, fermented or spirituous liquors or intoxi-
cating drugs, and materials fbr the manufacture of the same, or shall pro-
cure by unlawful means his release after arrest, or shall obstruct any officer
duly authorized in making search fbr or seizure of any of the above-men-
tioned illicit articles, or shall rescue such articles after seizure, or if the party
found with any such illicit articles in his possession, or any other person or
persons, shall resist such officer in the execution of a legal process, such
VOL. m. o
exceeding two hundred
rupees.
The superintendent's
warrant sufficient au-
Who competent to
receive information of
illicit manufactories of
spirits, and to search
Fine or imprison
ment.