GPRA 127 — Arrest of offenders failing to give names.

Gujarat Prohibition Act (Bombay Prohibition), 1949

Statutory text

(1) When any person who in the presence of the [ Director], Collector or any Prohibition Officer not below such rank as the [State] Government may determine, is 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 ] when so required :

Provided that if such person is not resident in [India], the bond shall be secured by a surety or sureties residing in [ India ].

(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.

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