Disposal of persons arrested
Section 19 of the Central Excise Act, 1944 deals with disposal of persons arrested. Every person arrested under this Act shall be forwarded without delay to the nearest Central Excise Officer empowered to send persons so arrested to a Magistrate, or, if there is no such Central Excise Officer within a reasonable distance, to the officer-in-charge of the nearest police station. The Act came into force on 28 Feb 1944.
Every person arrested under this Act shall be forwarded without delay to the nearest Central Excise Officer empowered to send persons so arrested to a Magistrate, or, if there is no such Central Excise Officer within a reasonable distance, to the officer-in-charge of the nearest police station.
Section 19, The Central Excise Act, 1944 (Act 1 of 1944).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Om Prakash vs Union of India
Court's Decision & Legal Precedent
Offences under the Central Excise Act, 1944, and offences under Section 135 of the Customs Act, 1962, are non-cognizable in the sense that police officers cannot arrest without warrant and cannot investigate without Magistrate's order under Section 155 Cr.P.C. However, such offences are also bailable, because (1) they relate to recovery of revenue rather than punishment for grave crimes, (2) Sections 20 and 104(3) mandatorily empower officers to release arrested persons on bail, (3) the legislative scheme indicates intent that such offences should be bailable, and (4) the deeming language in Sections 9A and 104(4) making offences non-cognizable does not negate bailability. Non-cognizable and bailable are separate characteristics, and a statute can make offences both non-cognizable (restricting arrest authority) and bailable (entitling accused to bail).
On this section: Provides that arrested persons shall be forwarded to nearest Central Excise Officer empowered to send to Magistrate, or to officer-in-charge of nearest police station, without delay.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Still further, as we have noticed in the Central Excise Act, 1944, apart from the fact that the power of arrest is expressly conferred, the manner, in which the power is to be exercised, is specifically indicated, as we have noticed on a perusal of Sections 19 and 20. Section 68 of the Gold Control Act, 1968 has expressly conferred power of arrest, the conditions in which the power could be exercised and further procedure to be followed. 137. We have noticed that the Inspector under the Act has been conferred with a vast and formidable array of powers, and in an …
Questions about Section 19
What have the courts held on Section 19 of the Central Excise Act?
Om Prakash vs Union of India (30 Sep 2011) is the leading judgment on this section among those set out below: Provides that arrested persons shall be forwarded to nearest Central Excise Officer empowered to send to Magistrate, or to officer-in-charge of nearest police station, without delay.
How do I find court cases under Section 19 of the Central Excise Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Central Excise Act 1944 19, section 19 Central Excise Act 1944, section 19 of the Central Excise Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Om Prakash vs Union of India (30 Sep 2011).
What should I read with Section 19 of the Central Excise Act, and has it changed?
2 other provisions in this corpus refer back to it.
When did Section 19 of the Central Excise Act come into force?
Section 19 of the Central Excise Act, cited as Central Excise Act 1944 19, came into force on 28 Feb 1944, having been enacted on 24 Feb 1944. It is in force as at the date shown on this page.
Other sections of this Act
- 4. Valuation of excisable goods for purposes of charging of duty of excise1751 words
- 11A. Recovery of duties not levied or not paid or short-levied or short-paid or erroneously refunded1442 words
- 11B. Claim for refund of duty and interest, if any, paid on such duty1342 words
- 35B. Appeals to the Appellate Tribunal1302 words
- 32F. Procedure on receipt of an application under Section 32-E1167 words
- 11AC. Penalty for short-levy or non-levy of duty in certain cases1093 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 18 Oct 2026. This page is not a substitute for legal advice.