BE Act 75Chapter IX · Detection, Investigation and Trial of Offences and Procedure

Section 75 · Security and bail

(1)

Whenever a Collector issues a warrant under this Act for the arrest of any person,he shall direct, by endorsement on the warrant, that if such person executes a bond with sufficient sureties for his attendance, before the Collector or before an Excise Officer empowered under Section 73, sub-section (2), to investigate the case, at a specified time and thereafter until otherwise directed by the Collector or an Excise Officer empowered as aforesaid, the officer to whom the warrant is directed shall take such security, and shall release such person from custody.

(2)

The endorsement shall state-

(a)

the number of sureties,

(b)

the amount in which they, and the person for whose arrest the warrant is issued, are respectively to be bound, and

(c)

the time at which such person is to attend as aforesaid.

(3)

Whenever security is taken under this section the officer to whom the warrant is directed shall forward the bond to the Collector or to an Excise Officer empowered as aforesaid.

(4)

Whenever any person is arrested under this Act, otherwise than under a warrant, and is prepared to give bail, he shall be released on bail, or, at the discretion of the Officer releasing him, on his own bond.

(5)

Any Excise Officer not below such rank as the Chief Commissioner may, by notification prescribe, may release persons on bail or on their own bond.

(6)

Bonds taken under this section from persons arrested otherwise than under warrant shall bind such persons to appear the Collector or an Excise Officer empowered under Section 73, sub- section (2), to investigate the case.

(7)

The provisions of Sections 498 to 502, 513, 514 and 515 of the Code of Criminal Procedure, 1898, shall apply, so far as may be, in every case in which bail is accepted or a bond taken under this section.

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