40. [ Procedure on arrest and seizure. [Substituted by Act 16 of 1997 with effect from 3-6-1997.]
(1)(a)Any Officer arresting a person under Section 31, Section 34 or Section 35 shall him of the grounds for such arrest.(b)Where an Abkari Officer arrests without warrant any person other than a person suspected of, or accused of, any non-bailable offence under this Act, such Officer shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf.(2)Every person arrested under Section 30 shall be produced before, and the article seized under that section shall be forwarded to, without unnecessary delay, the Magistrate or the Commissioner, as the case may be, by whom the warrant was issued.(3)Every person arrested under Section 31 or Section 34 or Section 35 shall be produced before, and article seized under section 34 shall be forwarded to, without unnecessary delay,-(a)to the Officer in charge of the nearest Police Station; or(b)to the Officer empowered under section 5A, or to the Abkari Inspector.(4)The authority or Officer before whom any person is produced under sub section (2) or sub section (3) shall, take expeditious steps as provided is section 41.(5)The authority of Officer to whom any article is forward under sub-section (2) or sub section (3) shall, with all convenient despatch, take necessary steps in accordance with law for disposal of such article.]
