Section 45 in The Jammu and Kashmir Excise Act, 1958 (1901 A. D.)
45. Case to be sent to Magistrate when evidence is sufficient.
(1)(a)If upon an enquiry under this Act it appears to the [Deputy Commissioner] [Substituted by Act XIV of 1966 for 'Deputy Excise and Taxation Commissioner'.] or the officer holding the enquiry that there is sufficient evidence, such officer shall forward the accused under custody to a [Judicial Magistrate] [Substituted by Act XL of 1966 for 'Magistrate'.] competent to try the case or if the offence is bailable and the accused is able to give security, shall take security from him for his appearance before such [Judicial Magistrate] [Substituted by Act XL of 1966 for 'Magistrate'.] on a day fixed and for his attendance from day to day before such [Judicial Magistrate] [Substituted by Act XL of 1966 for 'Magistrate'.] until otherwise directed and shall also forward to such [Judicial Magistrate] [Substituted by Act XL of 1966 for 'Magistrate'.] a report setting forth the names of the parties, the nature of the information, the names of the persons who appear to be acquainted with the circumstances of the case and stating whether the accused (if arrested) has been forwarded in custody or has been released on his bond and if so with or without sureties.(b)Such [Judicial Magistrate] [Substituted by Act XL of 1966 for 'Magistrate'.] shall take on such report cognizance of the offence charged.(c)The accused on his application shall be entitled at his own cost to a copy of such report before the commencement of the trial.(2)Nothing herein contained shall have the effect of debarring of [Judicial Magistrate] [Substituted by Act XL of 1966 for 'Magistrate'.] from taking cognizance otherwise than on such a report i. e. in accordance with the provisions of section 190 Criminal Procedure Code :Provided that such [Judicial Magistrate] [Substituted by Act XL of 1966 for 'Magistrate'.] shall not take cognizance of an offence under the Excise Act, 1958, on complaints made by private individuals.(3)When such Officer as aforesaid forwards an accused person to a [Judicial Magistrate] [Substituted by Act XL of 1966 for 'Magistrate'.] or takes security for his appearance before such [Judicial Magistrate] [Substituted by Act XL of 1966 for 'Magistrate'.] under this section, he shall send to such [Judicial Magistrate] [Substituted by Act XL of 1966 for 'Magistrate'.] any articles seized which it may be necessary to produce before him and shall require the complaint (if any) and so many of the persons who appear to such officer to be acquainted with the circumstances of the case as he may think necessary, to execute bond to appear before the [Judicial Magistrate] [Substituted by Act XL of 1966 for 'Magistrate'.] as thereby directed and prosecute or give evidence (as the case may be) in the matter of the charge against the accused.(4)If the Court of the [Chief Judicial Magistrate] [Substituted by Act XL of 1966 for 'District Magistrate or Sub-Divisional Magistrate'.] is mentioned in the bond, such Court shall be deemed to include any Court to which such [Judicial Magistrate] [Substituted by Act XL of 1966 for 'Magistrate'.] may refer the case for trail provided reasonable notice of such reference is given to such persons.(5)The day fixed for the appearance of such persons shall be the day when an accused person is to appear, if security for his appearance has been taken or the day on which he may be expected to arrive at the Court of the [Judicial Magistrate] [Substituted by Act XL of 1966 for 'Magistrate'.] if he is to be forwarded in custody.[46. Production of seized articles before Magistrate. - All liquor or other contraband articles seized under this Act shall be produced before the nearest Magistrate without any delay who shall seal those articles making an inventory thereof. Where, however, this cannot be done without unreasonable inconvenience, delay or expense the officer making enquiry on the spot or seizing the goods shall seal all such articles in the presence of at least two respectable witnesses. The articles so seized shall remain in the custody of the officer seizing them pending orders of a Magistrate.] [Section 46 substituted by Act XXXV 1962.]
