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State of Rajasthan - Section

Section 48 in Rajasthan Excise Act, 1950

48. Procedure relating to arrest, searches, etc.

- The provisions of the Code of Criminal Procedure [1973] [Substituted by Rajasthan Act 30 of 1976.] (Central Act 2 of 1974) [....] [Omitted by Rajasthan Act 38 of 1957.] relating to arrest, searches, search warrants, production of persons arrested and investigation into offences shall be held to be applicable so far as may be, to all action taken in these respects under this Act :Provided that —
(i)[ any offence punishable under this Act may be investigated into without the order of a Magistrate and any warrant issued by the Excise Commissioner or an Excise Officer duly empowered in this behalf under Section 46 may be executed by any officer selected for that purposes by the authority issuing the warrant;] [Substituted by Rajasthan Act 28 of 1961.]
(ii)whenever and excise officer makes any arrest, seizure or search he shall within 24 hours thereafter make a full report of all the particulars of the arrest, seizure of search to his immediate official superior, and shall, unless bail be accepted under Section 49 take or send the person arrested and the article seized with all convenient dispatch to a Magistrate for trial.
(iii)[ no search shall be deemed to be illegal by reason only of the fact that witnesses for the search were not inhabitants of the locality in which the place of search is situated] [Inserted by Rajasthan Act 28 of 1961.]
(iv)[ the provisions of Section 162 of the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974) shall not apply to the investigations made under this Act."] [Added by Act No. 6 of 2007 (w.e.f. 6.6.2007)]