(1)When any person who in the presence of the [Director] [This word was substituted for the word 'Commissioner' by Bombay 28 of 1950, Schedule], Collector or any Prohibition Officer not below such rank as the [State] [This was substituted for the word 'Provincial' by Adaptation of Laws Order, 1950.] Government may determine, has committed or has been accused of committing an offence under this Act, refuses on demand of such officer to give his name and residence or gives a name and residence which such officer has reason to believe to be false, he may be arrested by such officer, in order that his name or residence may be ascertained.(2)When the true name and residence of such person have been ascertained, he shall be released on his executing a bond with or without sureties, to appear before [a Magistrate having jurisdiction] [These words were substituted for the words 'a Magistrate' by Bombay 21 of 1954, Section 3, Second Schedule.] when so required:Provided that if such person is not resident in [India] [This word was substituted for the words 'the Dominion of India' by the Adaptation of Laws Order 1950.], the bond shall be secured, by a surety or sureties residing in [India] [This word was substituted for the words 'the Dominion of India' by the Adaptation of Laws Order 1950.],(3)If the true name and residence of such person is not ascertained within twenty-four hours from the time of the arrest, or if he fails to execute the bond or if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction.
