32. Arrest of offenders and seizure of contra band liquor and articles without warrant.
- Any Prohibition Officer, any officer of the Police or Land Revenue departments, and any other person authorized in that behalf -(a)may arrest without warrant any person found committing an offence punishable [under section 4, sub-section (1), [***] [This expression was substituted for the words, brackets and figures 'under sub-section (1) of section 4 ' by section 2 (ii) of the Madras Prohibition (Amendment) Act, 1951 (Madras Act XXXI of 1951).] or section 5 [or section 7 or section 24 or any offence punishable with rigorous imprisonment for three years and upwards] [Added by Tamil Nadu Act No. 9 of 1979.] ];(b)may seize and detain any liquor, drug or other article which he has reason to believe to be liable to confiscation under this Act; and(c)may search any person, vessel, vehicle, animal, package, receptacle or covering, upon whom or in or upon which, he may have reasonable cause to suspect any such liquor, drug or other article to be, or to be concealed:Provided that if the officer or person making the arrest under this section be not empowered under section 21 to admit to bail, the person arrested shall be forthwith forwarded to an officer so empowered, if such an officer is known to be within a distance of five miles from the place where such arrest took place. And it shall be the duty of such officer empowered as aforesaid to admit such person to bail if sufficient bail be tendered for his appearance before a Police or Prohibition Officer or Magistrate having jurisdiction to inquire into the case.[Provided further that where any toddy or wash or any sonti soru is seized under this section by any officer or person, such officer or person may destroy or cause to be destroyed on the spot, the toddy, wash or sonti soru and send the pots or other receptacles in which the toddy, wash or sonti soru was kept to the Police or Prohibition Officer or Magistrate having jurisdiction to inquire into the case, [***] [This proviso and Explanation were added, by section 16 (ii), Act, 1958 (Tamil Nadu Act VIII of 1958).].[Provided also that where any illicit arrack is seized under this section by any officer or person, such officer or person may, in the presence of a Prohibition Officer or any Police Officer not below the rank of Inspector, -(i)take two samples of the illicit arrack of such quantity and in such manner as may be prescribed, and(ii)destroy or cause to be destroyed the illicit arrack ; and send the pots or other receptacles in which the illicit arrack was kept together With the samples taken and a certificate from the Officer in whose presence the samples were taken and the illicit arrack was destroyed, as to the total quantity of illicit arrack seized, toe total quantity taken as sample and the total quantity destroyed, to the Magistrate having jurisdiction to inquire into the case.The Magistrate shall, upon the receipt of the samples, retain one in his court and send the other to such Officer as may be prescribed for chemical analysis.] [Inserted by Tamil Nadu Act No. 51 of 1981.]Explanation. - For the purposes of this section, -"sonti soru" means a liquid prepared from rice or starch which is in the process of vinous or alcoholic fermentation or in which such fermentation has ceased; and"wash" means a mixture of water and saccharine materials which is in the process of vinous or alcoholic fermentation or in which such fermentation has ceased.]
