The Spirituous Preparations Control Act, 1955 Object To control the interstate trade and commerce in spirituous preparations and other preparations notified by the govt.

Important Definition Spirituous Preparation It means any medicinal preparations containing alcohol. Any mixture or compound with medicinal substance.

Prohibition State It means a state in which consumption of alcohol is prohibited by notification.

Control and Implementation Mechanism of Object of Act Section 3 Restriction by License This Section entails license for a person to trade in spirituous preparations on interstate basis, that is import, export, transport, sale, possession etc.

Rules Rules made by the state govt. from time to time also imposes restrictions on trade on spirituous preparations

Penality Section 5 Any person violates this Act or rules or conditions of license shall be subject to punishment of 1 year maximum, or fine Rs. 1000

The Trial of Case Section 6 Summary Trial The case under this Act will be tried by the magistrate by following the procedure for summary trial as per Crpc

The Nature of Offence Section 7 Offence-Cognizable All offences under this Act are cognizable, that is police can arrest without a warrant.

Power of Investigation Section 8 The has been given to officers of excise police, revenue, public health as per the order of the govt. The officers of these department can proceed on self-knowledge or on complaint which is reduced into writing

Investigative Power- how to exercise The concerned officer can enter, search, seize, arrest by entering into any building, vehicle, aircraft etc. Break open any closed buildings, remove the resistance, seize the preparations, document, articles etc. Detain the person if necessary.

Investigative Power

Mandatory Provision [CL 2] The information taken down under this section shall forth with be communicated to the immediate official superior. The IO under this Act shall exercise the similar powers of SHO which is granted by Crpc.

Vexatious Search-An Offence Under This Section An officer empowered under this Act if conduct a search or seizure without reasonable ground will be committing an offence under this section. Vexatious search includes sizing any materials or documents or detaining any person or commit any act to the injury of any person without good faith. Punishment up to Rs. 2000

False Information- An Offence under this Act As per clause 2 of section 9 giving false information to any Public Servant so as to initiate prosecution against an innocent person is an offence. Punishment-1 year or fine up to Rs. 2000 or both.

Section 10 Offence by the Companies If the offence are committed under section 5 by a company. The person who is responsible for the conduct of business of the company shall be responsible

Tips for investigator and his supervising officer The satisfaction has to be recorded on the following points. Whether IO is an authorized officer as per the govt. order to conduct investigation. Whether information or complaint is genuine. Whether the contraband is spirituous preparation or a notified material. Procure the concerned notification so as to attach in the file.

Whether there is any other local or special Law related with the present case and its effect Credibility of any secret information in this regard and the possible involvement of the informer in this case. Whether the information has been reduced into writing Whether it has been communicated to immediate superior officer with in the time. Inputs from the beat officer and other intelligence mechanism

Nature and Quality of Evidence To satisfy that vexatious information are ousted Evidence are direct Witnesses are genuine Search memo, seizure memo, arrest memo, recovery memo etc. have been prepared in the sit itself and attested by reliable independent evidence. Whether FIR has been registered immediately. Whether the packing of the seized materials has been done as per rules. Go through the recent decision of Delhi HC. Whether the seized materials has been send to chemical examinations and outcome of the report

THANK YOU GEORGE M.X. SR. PP