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State of Gujarat - Section

Section 128 in Gujarat Prohibition Act, 1949

128. Issue of warrants.

(1)The [Director] [This word was substituted for the word 'Commissioner' by Bombay 28 of 1950, Schedule], Collector or any Prohibition Officer duly empowered in this behalf [***] [The words 'or in Greater Bombay, a Deputy Commissioner of Police or Superintendent of Police in charge of a Division' were omitted by the Gujarat Adaptation of Laws Order, 1950.] or a Magistrate or a District Superintendent of Police or an Assistant or Deputy Superintendent of Police specially empowered by the [State] [This was substituted for the word 'Provincial' by Adaptation of Laws (State and Concurrent Subjects) Order, 1950.] Government in this behalf may issue a warrant-
(a)for the arrest of any person whom he has reason to believe to have committed an offence under this Act or any other law relating to the excise revenue for the time being in force;
(b)for the search whether by day or by night of any building, vehicle or place in which he has reason to believe that any intoxicant, hemp, [] [The word 'opium' was deleted by Bombay 22 of 1960, Section 84.] mhowra flowers or molasses are manufactured or sold, or stored or that any toddy is drawn contrary to the provisions of this Act or that any intoxicant, hemp [mhowra flowers, molasses] [These words were substituted for the words 'or opium' by Bombay 22 of 1960., Section 84.] or other thing liable to confiscation or forfeiture, under this Act or any other law for the time being in force relating to the excise revenue is kept or concealed [and for the seizure of such intoxicant, hemp, [] [These words were inserted by Bombay 26 of 1952, Section 48(2).] mhowra flowers, molasses or such other thing found in such building, vehicle or place].
(2)All warrants issued under sub-section (1) shall be executed in accordance with the provisions of [the Code of Criminal Procedure, 1973 (2 of 1974)] [Substituted 'the Code of Criminal Procedure, 1898 (V of 1898)' by Gujarat Act No. 9 of 2017, dated 16.3.2017.], by a Police Officer or a Prohibition Officer duly empowered in this behalf or if the officer issuing the warrant deems fit, by any other person.