(1)[A Collector or a Magistrate having jurisdiction under section 82 to try the case may issue a warrant under this Act for the arrest of any person, and may, at his discretion direct,] [Substituted by section 53(1)(a) of the Bengal Excise (Amendment) Act, 1965 (West Bengal Act 39 of 1965) for the words Whenever a Collector issues a warrant under this Act for the arrest of any person, he shall direct.]by endorsement on the warrant [except when such an offence [under [section 46A, section 46AA] [Inserted by section 19(a) of the Bengal Excise (Amendment) Act, 1979 (West Bengal Act No. 12 of 1979) and amended by section 16(a) of the Bengal Excise (Amendment) Act, 1983 (West Bengal Act No. 38 of 1983).] or section 48]] that, if such person executes a bond with sufficient sureties for his attendance, before the Collector or before an Excise Officer empowered under section 73, sub-section (2), to investigate the case, at a specified time and thereafter until otherwise directed by the Collector or an Excise Officer empowered as aforesaid, the officer to whom the warrant is directed shall [release such person from custody if such bond is executed by him.] [Substituted by section 53(1)(b) of the Bengal Excise (Amendment) Act, 1965 (West Bengal Act 39 of 1965) for the words take such security, and shall release such person from custody.](2)The endorsement shall state-(a)the number of sureties,(b)the amount in which they, and the person for whose arrest the warrant is issued, are respectively to be bound, and(c)the time at which such person is to attend as aforesaid.(3)Whenever security is taken under this section, the officer to whom the warrant is directed shall forward the bond to the Collector or to an Excise Officer empowered as aforesaid.(4)[ * * *] [Sub-section (4) omitted by section 53(2) of the Bengal Excise (Amendment) Act, 1965 (West Bengal Act 39 of 1965).](5)Any Excise Officer not below such rank as the [State Government] [Substituted by paragraph 4(1) of the Adaptation of Laws Order, 1950 for the words Provincial Government, which were earlier substituted by paragraph 4(1) of the Government of India (Adaptation of Indian Laws) Order, 1937 for the words Local Government.] may, by notification, prescribe, may release persons on bail or on their own bond [except when such person is arrested for committing an offence punishable [under [section 46A] [Inserted by section 19(b) of the Bengal Excise (Amendment) Act, 1979 (West Bengal Act No. 12 of 1979) and amended by section 16(b) of the Bengal Excise (Amendment) Act, 1983 (West Bengal Act No. 38 of 1983) (w.r.e.f. 1.4.1974).]] or section 48.](6)Bonds taken under this section from persons arrested otherwise than under warrant shall bind such persons to appear before the Collector or an Excise Officer empowered under section 73, sub-section (2) to investigate the case.(6a)[ A bond taken under this section shall, for the purposes of sub-section (7), be deemed to be a bond under [the Code of Criminal Procedure 1973 (2 of 1974)] [Sub-section (6a) inserted by section 53(3) of the Bengal Excise (Amendment) Act, 1965 (West Bengal Act 39 of 1965).].](7)The provisions of [sections 439 to 449 of the Code of Criminal Procedure, 1973] [Substituted by section 16(d), ibid (w.r.e.f. 1.4.1974) for the words, letters and figures sections 498 to 502, 513, 514, 514A, 514B, and 515 of the Code of Criminal Procedure, 1898, in which the figures and letters 514A, 514B, were inserted by section 53(4) of the Bengal Excise (Amendment) Act, 1965 (West Bengal Act 39 of 1965).], shall apply, so far as may be, in every case in which bail is accepted or a bond taken under this section.
