Clarke, Richard [Editor]: The regulations of the government of Fort William in Bengal in force at the end of 1853 - to which are added, the acts of the government of India in force in that presidency: with lists of titles and an index (3): Acts from 1834 to 1853 (London, 1854)

286

ACT XI.

[A.D. 1849.

Arrest of parties
concerned.

Search of zenanas.

Peace otHcers to assist
abkarry ofKcers.
Penalty.

Persons arrested, and
liquors, &c. seized, to

andareportmade.
Inquiry by col-
lectors.

Penalty for mali-
ciously giving false
information.

Penalty for obstruct-
ing or molesting on-
cers,

and for causing af-
frays.

always in the presence of a constable or other oRicer of the peace, to enter
into every such place where any such liquors or drugs are suspected to
be kept or concealed, and to seize and carry away such liquors or drugs;
and, in case of resistance, to break open any door, and to force and
remove any other obstacle to such entry, search, seizure, or removal, as
aforesaid; and to arrest and detain the owner or occupier of the premises,
with all parties whom he suspects to be concerned in the unlawful keeping
or concealing of such liquors, or drugs, whom he shall hnd on the pre-
mises. Provided, that where there is ground to suspect that such liquors
or drugs are unlawfully concealed in any zenana, the oRicer charged with
the execution of the warrant shall follow, as closely as may be, the rules
for the seizure of property so concealed, adopted bv the Supreme Court of
Judicature at Fort William.
XXI. All constables, and other ministerial oRicers of the peace, are
required to help the abkarry oRicers in the due execution of this Act, upon
notice given, or request made by any such abkarry ofRcer: and any oRicer
who, without lawful excuse, shall refuse or neglect to assist as aforesaid,
on being required to do so, shall be liable to the penalty prescribed by
Section XXVII. of this Act, for abkarry oRicers conniving at the escape
of a person arrested under this Act.
XXII. Whenever any abkarry oRicer, duly authorized under this Act,
shall arrest any person, or shall seize any spirituous or fermented liquors,
or intoxicating drugs, or shall enter any house or shop for the purpose of
searching for such illicit articles, he shall carry the person arrested, with
the illicit articles seized, with all convenient despatch, to the collector,
and shall, within twenty-four hours thereafter, make a full report to the
collector of all the particulars of such arrest, seizure, or search. And the
collector, after such further inquiry as he deems necessary, shall forthwith
either release the person arrested, or send him in custody to a justice of
the peace for the town of Calcutta.
XXIII. Every person who shall maliciously give false information
against any person for being engaged in the unlicensed sale of spirituous
or fermented liquors, or intoxicating drugs, or for having in his possession,
or carrying, or in respect of there being in any house or shop any
spirituous or fermented liquors, or intoxicating drugs, in contravention of
this Act, shall be liable to a Rne, not exceeding Rve hundred rupees, or to
imprisonment in the common gaol for a period not exceeding six months,
or to both.
XXIV. Every person who shall obstruct or molest any abkarry oRicer,
or any person acting in aid of such oRicer, in the due execution of this
Act, shall be liable to a Rne not exceeding Rve hundred rupees; and such
person shall be further liable, if an affray or breach of the peace shall
happen in consequence of his resistance, on conviction of the same before
a competent tribunal, to such punishment as is prescribed by law for cases
of affray and breach of the peace, in addition to the penalty above pre-
scribed for resistance of process.