(1) Whoever, in contravention of any provisions of this Act, or of any rule.
(a) manufactures,' transports, imports, exports, collects or possesses , any intoxicant; or
(b) save in the cases provided for in Section 38, sells any intoxicant; or
(c) cultivates Bhang; or
(d) taps any toddy producing tree / or draws toddy therefrom, or
(e) constructs or works any distillery, brewery or vintnery; or
(f) uses, keeps or has in his possession any materials, still utensil, implement or apparatus whatsoever for the purpose of manufacturing any intoxicant other than toddy; or
(g) removes any intoxicant from any distillery, brewery, vintnery or warehouse licensed, established or continued, under this Act;
(h) bottles any liquor;
shall subject to the provisions of sub-section (2), be punishable for every such offence with imprisonment for a term Knot less than7 8 six months]] which may extend to 2 [two years] and fine which shall not be less than 2 [Ten thousand rupees] but which may extend to 2 [Fifty thousand rupees]:
Provided, that when any person is convicted under this section of any offence for a second or subsequent time, he shall be punishable for every such offence with imprisonment for a term 9[not less than 2[one year]] but which may extend to 3[five years] and with fine which shall not be less than 2[Twenty thousand rupees] but which may extend to 2[two lac rupees].
(2) Notwithstanding anything contained in sub-section (1), if a person is convicted for an offence covered by clause (a) or clause (b) of sub-section (1) and the quantity of the intoxicant being liquor found at the time or in the course of detection of the offence exceeds 2[five bulk litre], he shall be punishable with imprisonment for a term which shall not be less than .one year but which may extend to three years and with fine which shall not be less than twenty five thousand rupees but may extend to one lac rupees :
Provided that when any person is convicted under this Section for an offence for second or subsequent time, he shall be punishable for every such offence with imprisonment for a term which shall not be less than two years but which may extend to five years and with fine which shall not be less than fifty thousand rupees but may extend to two lac rupees.
(3) When an offence covered by clause (a) or clause (b) of sub-section (1) is committed and the quantity of liquor found at the time or in the course of detection of such offence exceeds Hfive bulk litre], all intoxicants, articles implements, utensils, materials, conveyance etc. in respect of or by means of which the offence is committed, shall be liable to be seized and confiscated. If such an offence is committed by or on behalf of a person who holds a licence under the Act for manufacturing or stocking or storing liquor for sale on which duty at the prescribed rate has not been paid then notwithstanding anything contained in Section 31 the licence granted to him shall be cancelled in case he is convicted for the offence as aforesaid.
(4) The seizure or confiscation of the intoxicants, articles, implements, untensils, materials and conveyance and the cancellation of licence as provided under sub-section (2) above shall be in addition and without prejudice to any other action that may be taken under any provisions of the Act or rules ihade thereunder.
(7. Inserted by C.G. Act No. 11 of 2002, w.e.f. 23-4-2002)
(8. Substituted by C.G. Act No. 8 of 2011, w.e.f. 30-4-2011.)
(9. Substituted by C.G. Act No. 11 of 2002, w.e.f/23-4-2002.)
Whoever--
(a) alters or attempts to alter any denatured spirits or denatured spirituous preparation with the intention that such spirit may be used for human consumption, whether as a beverage or internally as a medicine, or in any other way whatsoever, by any method whatsoever; or
(b) has in his possession any spirit in respect of which he knows or has reason to believe that any such alteration or attempt has been made with the intention specified in clause (a);
(c) mixes denatured spirit or such altered denatured spirit or denatured spirituous preparation with potable spirit;
shall be punishable with imprisonment for a term which shall not be less than 1[two months] but which may extend to two years and also with fine which shall not be less than 1[five thousand rupees] but which may extend to ^twenty five thousand rupees]:
Provided that when any person is convicted under this section for a second offence or subsequent offence he shall be punishable for such offence with imprisonment for a term which shall not be less than Hone year] but which may extend to six years and with fine which shall not be less than 1[five thousand rupees] but which may extend to Hfifty thousand rujpees].
In this section "denatured spirituous preparation" means any preparation made with denatured spirit and includes liquors, french polish, varnish and thinners prepared out of such spirituous preparation.
Whoever, without lawful authority, has in his possession any quantity of any intoxicant knowing the same to have been unlawfully imported, transported, manufactured, cultivated or collected knowing the prescribed duty not to have been paid thereon, shall be punishable with imprisonment for a term Hwhich shall not be less than three months but which may extend to five years] or with fine which may 1 [which shall not be less than one lac rupees but which may extend to five lac rupees], or with both.
Whoever, in contravention of this Act, or of any rule, notification or order made, issued or given thereunder, or of any licence permit or pass granted under this Act,—
(a) opens, keeps or uses any place as a common drinking-house; or
(b) has the care, management or control of, or in any manner assists in conducting the business of any place opened, kept or used as a common drinking house;
1 [shall be punishable with imprisonment for a term which may extend to one year or with fine which shall not be less than five thousand rupees but which may extend to twenty five thousand rupees, or with both and for subsequent offence he shall be punishable with imprisonment for a term which may extend to two years or with fine which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees or with both].
Whoever, in contravention of this Act or rule or notification or any order made, issued or given thereunder, or of any licence, permit or pass granted under this Act, is found drunk or drinking in a common drinking-house or is found there present for the purpose of drinking shall be punishable with fine which may extend to one thousand rupees and any person found in a common drinking-house during any drinking therein shall be presumed, until the contrary is proved, to have been there for the purpose of drinking.
Whoever, being the owner or occupier or having the use or care or management or control of any place, knowingly permits it to be used for the commission by any other person of any offence punishable under Section 34, Section 35, Section 36 or Section 36-A shall be punishable with imprisonment for a term which may extend to one year, or with fine which shall not be less than two hundred rupees but which may extend to two thousand rupees or with both.
(1) Whenever any person is convicted of an offence punishable under Section 34 or Section 36, and the Magistrate convicting him is of opinion that it is necessary to require such person to execute a bond to abstain from the commission of offences punishable under those section; the Magistrate may, at the time of passing sentence on such person, order him to execute a bond for a sum proportionate to his means, with or without sureties, to abstain from the commission of such offences during such period, not exceeding three years, as he may direct.
(2) Form of bond and applications of the provisions of the Code of Criminal Procedure to all matters connected with such bond.—
The bond shall be in the form contained in the Second Schedule and the provisions of the Code of Criminal Procedure, 1898 (V of 1898)11, shall in so far as they are applicable, apply to all matters connected with such bond as if it were a bond to keep the place ordered to be executed under Section 106 of that Code.
(3) Circumstances in which bond shall be void.—
If the conviction is set aside on appeal or otherwise, the bond so executed shall become void.
(4) Power of appellate Court or the High Court to make order.—
An order under this section may also be made by an appellate Court, or by the High Court when exercising its powers of revision.
(1) Whenever a Magistrate of the first class specially empowered in this behalf by the State Government receives information that any person within the local limits of his jurisdiction habitually commits, or attempts to commit, or abets the commission of an offence punishable under Section 34 or Section 36, such Magistrate may require such person to show cause why he should not be ordered to execute a bond, with sureties, for his good behaviour for such period, not exceeding three years, as the Magistrate may direct.
(2) Application of provision of the Code of Criminal Procedure to proceeding under sub-section (1).—
The provisions of the Code of Criminal Procedure, 1898 (V of 1898)*, shall, in so far so they are applicable, apply to any proceedings under sub-section (1) as if the bond referred to therein were a bond required to be executed under Section 110 of that Code.
Penalty for consumption of alcohol at public places.—
Except at the premises licensed for consumption of alcohol, if any one is found consuming alcohol or in intoxicated condition at public places like-educational institutions, hospitals, temples of worship, bus stand, railway station and public road etc., shall be punished with fine for the first offence which shall not be less than one thousand rupees but which may extend to five thousand rupees and in case of repeated offence with a fine of not less than five thousand rupees which may extend to ten thousand rupees with three months imprisonment.
Penalty for creating nuisance after consumption of alcohol at public places.—
Except at the premises licensed for consumption of alcohol, if any one is found creating nuisance after consuming-alcohol at public places like- educational institutions, hospitals, temples of worship, bus stand, railway station and public road etc. shall be punished with fine which shall not be less than ten thousand rupees but which may extend to twenty five thousand rupees and three months imprisonment.]
Penalty for offence not otherwise provided for.—
Whoever, is guilty of any act or intentional omission in contravention of any of the provisions of this Act, or of any rule, notification or order made, issued or given thereunder and not otherwise provided for in this Act, shall be punishable withdmprisonment for a term which may extend to six months qr with fine which may extend to one thousand rupees, or with both.
Penalty for certain unlawful acts of licensed vendors.—
A licensed vendor or any person in his employ and acting on his behalf who—
sell any intoxicant to a person who is drunk or intoxicated; or
sells or gives any intoxicant to any person in contravention of Section 23; or
in contravention of Section 22 employs or permits to be employed on any part of his licensed premises referred to in that section any male person or woman; or
permits drunkenness, intoxication, disorderly conduct, dancing, ' singing, playing of music or gaming on the licensed premises of such vendor; or
permits persons whom he knows or has reason to believe to have been convicted of any non-bailable offence, or who are prostitutes, to resort to or assemble on the licensed premises of such vendor whether for the purposes of crime or prostitution or not;
shall be punishable with fine which shall not be less than one hundred rupees but which may extend to two thousand rupees
Where any licensed vendor, or any person in his employ and acting on his behalf, is charged with permitting drunkenness on the premises of such vendor, and it is proved that any person was drunk on such premises, the burden shall lie on the person charged to prove that the licensed vendor and the persons employed by him took all reasonable steps for preventing drunkenness on such premises.
A. Penalty on licensed manufacturer or vendor of intoxicant for mixing or permitting to be mixed with such article any noxious drug or any foreign ingredient or any diluting or colouring substance.—
If a licensed manufacturer or licensed vendor or any person in his employ and acting on his behalf, mixes or permits to be mixed, with any intoxicant manufactured, sold or kept or exposed for sale by him, any .noxious drug, or any foreign ingredient or any diluting or colouring substance except as prescribed in the licence, or has in possession any intoxicant in respect of which such admixture has been made, he shall be punishable with imprisonment which shall not be less than one month but which 4[Provided that in case of licenses managed by the State Government or Corporation fully owned and controlled by the State Government, employees appointed by agency authorised by them in due course shall be responsible for unlawful act. The burden of said illegal act shall be on such person on whom offence has been imposed.]
Penalty for misconduct by licensee, etc.—
A holder of a license, permit or pass granted under this Act or any person in the employ of such holder and acting on his behalf, who intentionally,—
fails to produce such license, permit or pass on the demand of any Excise Officer or of any other Officer duly empowered to make such demand, shall be punishable by an imprisonment for term upto three months or a fine of twenty five thousand rupees or both;
save in a case provided for by Section 34, contravenes any rule made under Section 62, shall be punishable by an imprisonment for term upto three months or a fine of One Lakh rupees or both;
does any act in breach of any of the conditions of the license, permit or pass not otherwise provided for in this Act, shall be punishable by an imprisonment for term upto three months or a fine of One Lakh rupees or both.