BareLaws
SECTION

Section 287 — Arrest of persons, seizure and confiscation of things for offences under section 285

From: The Cantonments Act, 2006

287. Arrest of persons, seizure and confiscation of things for offences under section 285. - (1) Notw ithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), any police officer or excise officer may, without an order from a Judicial Magistrate, and without a warrant, arrest any person who commits an offence under section 285 and may seize and detain any spirituous liquor or intoxicating drug in respect of which an offence under section 285 has been committed and any vessels or coverings in which the liquor or drug is contained.

(2)Where a person accused of an offence under sect ion 285 has been previously convicted of an offence under that section, an officer in charge of a police station may, with the written permission of a Judicial Magistrate, seize and detain any spirituous liquor or intoxicating drug within the cantonment or within any limits defined under that section which, at the time of the alleged commission of the subsequent offence, belonged to, or was in the possession of, such person.
(3)The court convicting a person of an offence under section 285 may order the con fiscation of the whole or any part of anything seized under sub -section ( 1) or sub -section ( 2).
(4)Subject to the provisions of Chapter XXXIV of the Code of Criminal Procedure, 1973 (2 of 1974) anything, seized under sub -section ( 1) or sub -section ( 2) and not confiscated under sub -section ( 3) shall be restored to the person from whom it was taken .]