41A. [ Obtaining of medical certificates in the case of persons found in a state of intoxication. [This section was inserted by section 17 of the Tamil Nadu Prohibition (Amendment) Act, 1958 (Tamil Nadu Act VIII of 1958).]
(1)Any officer authorized to arrest a person for an offence punishable under section 4 (1) (j) in so far as it relates to consumption of liquor or any intoxicating drug who has reason to believe that any person has consumed liquor or any intoxicating drug, may produce such person for examination, before any medical officer authorized by the State Government and request the medical officer to furnish a certificate on his finding whether such person has consumed any liquor or intoxicating drug or is in a state of intoxication or not.(2)Any medical officer before whom such person is produced shall be bound to examine such person and furnish to the officer by whom such person has been produced a certificate as to the state of such person, and if any form has been prescribed for the purpose, in such form.(3)If the person produced is a woman, the examination shall be carried out by a woman medical officer authorized by the State Government.(4)Any person who has been produced before a medical officer in pursuance of this section shall allow himself to be examined by the medical officer.(5)If any person who under this section required to undergo medical examination resists or refuses to allow himself to be produced before or to be examined by the medical officer, it shall be lawful to use all means necessary to secure the production and examination of such person.(6)Resistance to production or refusal to allow examination under this section shall be deemed to be an offence under section 186 of the Indian Penal Code (Central Act XLV of 1860):(7)In trials under this Act, it may be presumed unless and until the contrary is proved, that the accused has committed an offence under section 4 (1) (j) if he having been produced before a medical officer under this section had resisted or had refused to allow himself to be examined by such medical officer.(8)Any document purporting to be a certificate signed by a medical officer authorized by the State Government may be used as evidence of the facts stated therein in any proceeding under this Act or under sections 272 to 276 of the Indian Penal Code (Central Act XLV of 1860), [but the court may at the instance of the accused order the attendance for cross examination of the medical officer who issued the certificate. ]
