Power to open packages, etc

Section 121 of the Maharashtra Prohibition Act deals with power to open packages, etc. Any Prohibition Officer duly empowered in this behalf by the [State] Government or any Police Officer may open any package and examine any goods and may [stop and search] for any intoxicant, hemp, mhowra flowers, or molasses any vessel, vehicle or other means of conveyance [and may seize any intoxic The Act was enacted on 20 May 1949.

(1) Any Prohibition Officer duly empowered in this behalf by the ¹[State] Government or any Police Officer may open any package and examine any goods and may ²[stop and search] for any intoxicant, hemp, mhowra flowers, or molasses any vessel, vehicle or other means of conveyance ³[and may seize any intoxicant, hemp, mhowra flowers, molasses or any other thing liable to confiscation or forfeiture under this Act or any other law for the time being in force relating to excise revenue found while making such search.]

(2) The unloading and carrying of goods, the bringing of them to the place appointed under sub-section (3) for examination, the opening and repacking of them, where such operations ⁴[are necessary for searches made] under this section and the removing of goods to and placing of them in the place appointed under sub-section (3) ⁵[for examination or deposit] shall be performed by or at the expenses of the owner of such goods.

(3) The owner of goods or the persons incharge of the goods shall, if so required by any officer conducting the search, take the goods ⁶[to a place appointed in ⁷Greater Bombay by the Commissioner of Police, Bombay and elsewhere, by the District Magistrate] for the purpose of examination or deposit.

⁸[(4) The expenses incurred by the State Government for any of the purposes mentioned in sub-section (2) may be recovered from the owner, or as the case may be, the person-in-charge, of the goods as arrears of land revenue.]

Section 121, The Maharashtra Prohibition Act (Act 25 of 1949).