Under the Chhattisgarh Excise Act, can an Excise Officer arrest a person without a warrant for obstructing or assaulting him?

The correct answer is Option 3

Key Points

• Chhattisgarh Excise Act:
  • The Chhattisgarh Excise Act regulates the production, distribution, and sale of alcohol and other intoxicating substances within the state of Chhattisgarh.
  • The Act grants certain powers to Excise Officers to enforce its provisions, including the authority to conduct inspections, seize contraband, and make arrests.
• Arrest without warrant:
  • As per Section 54A of the Act, an Excise Officer of a rank specified by the State Government can arrest a person without a warrant if they obstruct or assault the officer while he is performing his duties under the Act.
  • The arrested individual must be presented before a Magistrate or a Police/Excise Officer as soon as possible.
• Bail provision:
  • Even if a person is arrested for obstructing or assaulting an Excise Officer, they must be granted bail if they provide sufficient bail for their appearance before a Magistrate.
  • This provision ensures that the person's rights are protected while allowing Excise Officers to perform their duties without undue hindrance.
• Option 1: No, only a Magistrate can issue an arrest warrant:
  • This option is incorrect as it does not consider the specific provisions under the Chhattisgarh Excise Act that allow Excise Officers to arrest without a warrant in certain situations.
• Option 2: Yes, but the person must be presented before a court within 24 hours:
  • This option is partially correct but omits the crucial detail about the provision of bail.
  • While presenting the person before a court is essential, the Act specifically mentions the bail provision.
• Option 4: No, obstruction or assault does not lead to arrest under this Act:
  • This option is incorrect as Section 54A of the Chhattisgarh Excise Act explicitly permits arrest without a warrant for obstruction or assault of an Excise Officer.