Law:

Section:

(a) Prohibition (Enforcement of Hadd) Order [P. O. 4 of 1979]-- Arts. 3(l), 4, 16, 21 & 27 read with Punjab Prohibition (Enforcement of Hadd) Rules, 1979-Cognizable offence-Offence of transporting any intoxicant envisaged by Article 3(1) of Order and of possession or keeping in one's custody any intoxicant at a public place as contemplated by Art. 4-Declared by Art. 16 of Order to be cognizable by Police-Article 27 of Order keeps powers of Police Officers enjoyed under Cr. P. C. for registering and investigating cases, taking case property into possession and submission of challan to Court intact-Rules being a species of subsidiary legislation, held, cannot be interpreted so as to deprive Police Officers of powers which Order specifically preserves for them. -[Cognizable offence]. (b) Prohibition (Enforcement of Hadd) Order [P. O. 4 of 1979]-- -- Art. 21 (b) read with Punjab Prohibition (Enforcement of Hadd) Rules, 1979, rr. 4(2) & 6-`Competent officer'-Interpretation Term `competent officer' contained in r. 6 of Rules, held, does not mean a Police Officer but an officer appointed by Provincial Government under Art. 21(b) of Order such as all Excise and Taxation Constables declared to be officers appointed under Art. 21 of Order and does not include Prohibition Officer required under r. 6 of Rules to forward an arrested person to Prohibition Officer-Police Officer having independent powers under Cr. P. C. can act, on his own to deal with offender and not obliged to send person he arrests to Prohibition Officer.-[Words and phrases]. (c) Criminal Procedure Code (V of 1898). S. 561-A-Quashment of proceedings In exercise of powers un4er S. 561-A, Cr. P. C., normal course of trial in subordinate Courts not to be diverted-Allegations made against accus0d disclosing commission of offence, matter for trial Court on evidence to determine whether allegations true or false-Proceedings Cannot be quashed simply for reason of petitioner having considered alle tions to be false. JUDGMENT This petition under section 561-A of the Code of Criminal Procedure seeking quashment of proceedings of the case for alleged commission of offence punishable under Article 4 of the…

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