(1) The 1[State] Government may empower any Prohibition Officer to investigate offences under this Act.
(2) An officer empowered under sub-section (1) shall in the conduct of such investigation exercise the powers conferred by the Code of Criminal Procedure, 1898 (V of 1898)&59; 2upon an officer in charge of a Police Station for the investigation of congnizable offences.
(3) Any Prohibition Officer to whom such officer is subordinate may during the course of the investigation, take over the investigation himself or direct any other Prohibition Officer duly empowered to conduct the same. The Officer in conducting the investigation shall have the same powers under sub-sections (1) and (2) as if he were the Prohibition Officer appointed for the area or for the purpose of investigating the said offence.
(4) If the Prohibition Officer conducting the investigation is of opinion that there is not sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate, or that the person arrested may be discharged with a warning such officer shall release him on his executing a bond with or without sureties, to appear, if and when so required, before a Magistrate empowered to take congnizance of the offence and shall make a full report of the case to his official superior and be guided by the order which he shall receive on such report.
(5) The powers of any officer empowered under this section shall be subject to such other modifications or restrictions as the 3[State] Government may deem fit.
(2) An officer empowered under sub-section (1) shall in the conduct of such investigation exercise the powers conferred by the Code of Criminal Procedure, 1898 (V of 1898)&59; 2upon an officer in charge of a Police Station for the investigation of congnizable offences.
(3) Any Prohibition Officer to whom such officer is subordinate may during the course of the investigation, take over the investigation himself or direct any other Prohibition Officer duly empowered to conduct the same. The Officer in conducting the investigation shall have the same powers under sub-sections (1) and (2) as if he were the Prohibition Officer appointed for the area or for the purpose of investigating the said offence.
(4) If the Prohibition Officer conducting the investigation is of opinion that there is not sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate, or that the person arrested may be discharged with a warning such officer shall release him on his executing a bond with or without sureties, to appear, if and when so required, before a Magistrate empowered to take congnizance of the offence and shall make a full report of the case to his official superior and be guided by the order which he shall receive on such report.
(5) The powers of any officer empowered under this section shall be subject to such other modifications or restrictions as the 3[State] Government may deem fit.
Source footnotes
1 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.2 See now the Code of Criminal Procedure, 1973 (2 of 1974).
3 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
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More sections of this act
Section 1 · Short title, extent and commencement.Section 2 · Definitions.Section 3 · Commissioner of Prohibition and Excise.Section 4 · Collectors.Section 5 · Subordinate officers.Section 6 · Investing officers of Police and other departments with powers and duties under this Act.Section 6A · Board of Experts.Section 7 · Other Boards and committees.India Code, Government of India. Text fetched 22 Oct 2026. Source metadata reports last modification: 2021-02-23. Check the linked official text and subsequent notifications when applying a provision.