(1)Wherever a Collector or Magistrate issues a warrant under this Act for the arrest of any person, he shall direct, by endorsement on the warrant, that, if such person executes a bond with sufficient sureties for his attendance before the Collector or before an Excise Officer empowered under Section 77, 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 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 an Excise Officer empowered as aforesaid.(4)[ Whenever any person is arrested for any offence punishable under any section of this Act other than Section 47, Section 49, Section 55 or Section 56 of the Act otherwise than under a warrant, and is prepared to give bail he shall be released on bail, or, at the discretion of the officer releasing him on his own bond. The offences punishable under Section 47, Section 49, Section 55 and Section 56 shall be non-bailable and the provisions of the Code of Criminal Procedure, 1973 (Act 2 of 1974) in this regard shall apply to such offences.] [Substituted By Act 6 Of 1985.](5)Any Excise Officer not below such rank as the State Government may, by notification, prescribe, may release persons on bail or on their own bonds.(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 77, sub-section (2), to investigate the case.(7)[ The provision of Sections 440 to 444, 445, 446, 449 of the Code of Criminal Procedure, 1973 (Act 2 of 1974), shall apply, so far as may be, in every case in which bail is accepted or a bond taken under this section.] [Substituted by Act 6 of 1985.]
