Under the Chhattisgarh Excise Act, when can an Excise Officer conduct a search without a warrant?

The Correct answer is Option 3

Key Points

• Chhattisgarh Excise Act:
  • The Chhattisgarh Excise Act governs the production, possession, sale, and transport of alcoholic beverages and intoxicants in the state of Chhattisgarh.
  • It includes provisions for the regulation and control of the excise duties and taxes on such substances.
• Section 54:
  • Under Section 54 of the Act, an Excise Officer of a rank not below that prescribed by the State Government is empowered to conduct searches without a warrant.
  • This authority is granted when the officer has a reasonable belief that an offense under specific sections of the Act is being or is likely to be committed.
  • The officer must also believe that delaying the search to obtain a warrant would allow the offender to escape or destroy evidence.
• Other options explained:
  • Only during the day: This option is incorrect as the Act allows searches to be conducted at any time, day or night, if the conditions are met.
  • Only if a search-warrant has already been issued: This option is incorrect because the Act specifically provides for searches without a warrant under certain circumstances.
  • Only in cases involving narcotics: This option is incorrect as the provision applies to offenses under specific sections of the Excise Act, not just those involving narcotics.