76. Production of articles seized and persons arrested.
(1)Articles seized under [a warrant issued under this Act,] [Substituted by section 54(1)(a) of the Bengal Excise (Amendment) Act, 1965 (West Bengal Act 39 of 1965) for the words the warrant of the Collector.] and, unless security for their appearance before the Collector [or an Excise Officer empowered under section 73, sub-section (2), to investigate the case] [Inserted by section 54(1)(b), ibid] be taken, person arrested under such a warrant, shall be produced before the Collector [or such Excise Officer] [Inserted by section 54(1)(c), ibid.].(2)Articles seized under section 66, section 67 or section 69, and persons arrested under this Act by persons or officers not having authority to release arrested persons on bail or on their own bond, shall be produced before or forwarded to-(a)the Collector or an Excise Officer empowered under section 73, sub-section (2), to investigate the case, or(b)the nearest Excise Officer who has authority to release arrested persons on bail or on their own bond, or(c)the officer in charge of the nearest police-station, whoever is nearer.(3)When a person arrested is produced before an Excise Officer who has authority to release arrested persons on bail or on their own bond, or before an officer in charge of a police-station, such officer shall forward such person to, or take security for his appearance before, the Collector or the Excise Officer empowered under section 73, sub-section (2), to investigate the case.(4)When any article seized cannot conveniently be conveyed before an officer referred to in sub-section (1) or sub-section (2), as the case may be, the person making the seizure shall [dispose of such article] [Substituted by section 54(2) of the Bengal Excise (Amendment) Act, 1965 (West Bengal Act 39 of 1965) for the words dispose of them.] in some place of safety and forthwith report the seizure to such an officer.(5)[ Notwithstanding anything elsewhere contained in this Act, when an article seized under section 66, section 67, section 69 or section 70 is subject to speedy decay, such article may be destroyed in accordance with rules made under section 86, clause (14).] [Sub-section (5) inserted by section 54(3), ibid.]
