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State of Tamilnadu - Section

Section 32A in Tamil Nadu Prohibition Act, 1937

32A. [ Establishment of checkpost or barrier and inspection of liquor while in transit, etc. [Inserted by Tamil Nadu Act No. 2 of 1983.]

(1)If the State Government consider that with a view to prevent or check the import, export, transport or transit of liquor without obtaining a licence or permit as required under the provisions of this Act, it is necessary so to do, they may, by notification, direct the setting up of checkpost or the erection of barrier or both, at such place or places as may be notified.
(2)At every checkpost or barrier mentioned in sub-section (1) or at any other place when so required by the Prohibition Officer or the officer-in-charge of the checkpost or barrier or any other officer empowered by the State Government in this behalf, the driver or any other person in-charge of any animal, vessel, cart or other vehicles shall stop the animal, vessel, cart or other vehicle, as the case may be, and keep it stationary so long as may reasonably be necessary and allow the Prohibition Officer or officer in-charge of the checkpost or barrier or the officer empowered as aforesaid to inspect the licence or permit obtained under the provisions of this Act.
(3)Any Prohibition Officer or any other officer specially empowered in this behalf may at any Place require the driver or any other person in-charge of any animal, vessel, cart or other vehicle who imports, exports, transports or transits the liquor to stop the animal, vessel, cart or other vehicle or keep it stationary so long as may reasonably be necessary for the purpose of satisfying himself that a licence or permit has been duly obtained in respect of such import, export, transport or transit of liquor and the conditions of such licence or permit and the provisions of this Act and the rules made thereunder have been duly complied with in respect of such import, export, transport or transit of liquor.
(4)If, on such examination and inspection under sub-section (2) or sub-section (3) it appears -
(a)that the licence or permit as required under the provisions of this Act in respect of the liquor carried has been obtained and the provisions of this Act and the rules made thereunder or the notification or order issued thereunder are complied with, the said officer shall release the animal, vessel, cart or other vehicle with the liquor carried, or
(b)that the licence or permit as required under the provisions of this Act has not been obtained or any of the provisions of this Act or any of the terms of any rule, notification, order, licence or permit issued thereunder has not been complied with in respect of the liquor carried, the said officer, after making; such inquiry as he deems fit and satisfying himself as to such non-obtainment or noncompliance, as the case may be, shall seize and confiscate such liquor.
(5)The driver or any other person in-charge of the animal, vessel, cart or other vehicle shall, if so required, give his name and address and the name and address of the owner of the animal, vessel, cart or other vehicle as well as those of the consignor and consignee, if any, of the liquor carried on such animal or in such vessel, cart or vehicle, as the case may be.
(6)The driver of the vessel, cart or other vehicle, shall, on demand by the said officer, produce for inspection his driving licence.
(7)If it appears to the said officer that the drivel or the person in-charge of the animal, vessel, cart or other vehicle is not giving the correct name and address of the owner of the animal, vessel, cart or other vehicle or of the consignor or of the consignee, if any, of the liquor carried on such animal or in such vessel, cart or other vehicle and if the said officer is satisfied after making such inquiry as he deems fit that with a view to prevent the evasion of the provisions of this Act or the rules made thereunder it is necessary to confiscate such liquor, he may take steps for the seizure and confiscation of such liquor, in accordance with the provisions of this Act.]