Penalty for adulteration, etc. by licensed vendor or manufacturer -

Whoever being the holder of a licence for the sale or manufacture of any intoxicant under this Act, or a person in the employ of such holder,-

1. (a) mixes or permits to be mixed with intoxicant sold or manufactured by him any noxious drug or any foreign ingredient likely to add to its actual or apparent intoxicating quality or strength, or any article prohibited by any rule made under this Act when such admixture does not amount to the offence of adulteration under section 272 of the Indian Penal Code; or
2. (b) sells or keeps or exposes for sale as foreign liquor, liquor which he knows or has reason to believe to be Indian liquor; or
3. (c) makes any bottle or the cork of any bottle, case, package or other respectable containing Indian liquor, or uses any bottle, case, package or other receptacle containing Indian Liquor, with any mark thereon or on the cork thereof with the intention of causing it to be believed that such bottle, case, package or other receptacle contains foreign liquor, when such act shall not amount to the offence of using a false trade mark with intention to deceive

or injure any person under section 482 of the Indian Penal Code;

or

1. (d) sells or keeps or exposes for sale any Indian liquor in a bottle, case, package or other receptacle with any mark thereon or on the mark thereof with the intention of causing it to be believed that such bottle, case, package or other receptacle contains foreign liquor, when such act shall not amount to the offence of selling goods marked with a counterfeit trade mark under section 486 of the Indian Penal Code; or

2[(e) makes any block for printing counterfeit excise adhesive lable,

photo copies of such lable for counterfeiting, prints any counterfeit excise adhesive lable makes counterfeit cork or capsule, to be

. Added by the Act No.4 of 2020, S.3 . New section inserted by the Act No.4 of 1994, S.5

used on bottles, packages or other receptacles containing Indian liquor or foreign liquor or in possession of counterfeit excise adhesive lable, cork, capsule, block or any other material to be used for printing such lable or making such cork or capsule. Shall on conviction, be punished with imprisonment –

1. (i) in case of first offence for 1[a term which shall not be less than three years but which may extend upto five years] and with fine which shall not be less than ten thousand but which may extend upto rupees thirty thousand 2[and in respect of holder of a bar license, the fine shall not be less than two times of the license fee];
2. (ii) in case of a second or subsequent offence for 3[a term which shall not be less than three years but which may extend upto six years] and with fine which shall not be less than rupees fifty thousand but which may extend upto rupees one lakh 4[and in respect of holder of a bar license, the fine shall not be less than

two times of the license fee;]

5[37.A- Penalty for adulteration resulting in death etc., - (1) whoever mixes

or permits to be mixed with any liquor or intoxicating drug any noxious substances or any substance which is likely to cause disability or grievous hurt or death to human beings, shall, on conviction, be punishable,–

1. (i) if, as a result of such an act, disability or grievous hurt or death is caused to any person, with imprisonment for a term which shall not be less than 6[two years] but which may extend upto imprisonment for life, and with fine which extend upto rupees one lakh;
2. (ii) in any other case, with imprisonment for a term which shall not be less than one year, but which may extend upto ten years, and with fine which may extend upto fifty thousand rupees. Explanation: For the purpose of 7[this section and section 37-B] the expression “grievous hurt” shall have the same meaning as in section 320 of the Indian Penal Code, 1860 (Central Act 45 of 1860).

1. (2) whoever omits to take reasonable precautions to prevent the mixing of any noxious substance or any substance which is likely to cause disability or grievous hurt or death to human being, with any liquor or intoxicating drug shall, on conviction be punishable,-
   • (i) if as a result of such omission, disability or grievous hurt is caused to any person, with imprisonment for a term which shall not be less than 6[two years] but which may extend upto imprisonment for life, and with fine which may extend upto rupees one lakh;
   • (ii) if as a result of such omission, death is caused to any person, with imprisonment for a term which shall not be less than three years but which may extend upto imprisonment for life, and with fine which may extend upto rupees one lakh;
   • (iii) in any other case, with imprisonment of a term which shall not be less than one year but which may extend upto ten years and with fine which may extend upto rupees fifty thousand.
2. (3) Whoever possess any liquor or intoxicating drug in which any substance referred to in sub-section (1) is mixed, knowing that such substance is mixed . Substituted by the Act No. 8 of 2010 . Added by the Act No.4 of 2020, S.4 . Substituted by the Act No. 8 of 2010 . Added by the Act No.4 of 2020, S.4 . New section inserted by the Act No.4 of 1994, S.6 . Substituted by the Act No. 8 of 2010 . Substituted by the Act No. 20 of 1994 with such liquor or intoxicating drug shall, on conviction, be punishable with imprisonment for a term which shall not be less than one year but which may extend upto ten years, and with fine which may extend upto rupees fifty thousand.] 1[37.B Order to pay compensation- (1) Not withstanding anything contained in the Code of Criminal Procedure, 1973 the court when passing the judgment in a case falling under section 37A may, if it is satisfied that the death or grievous hurt or disability has been caused to any person or persons by consumption of liquor or intoxicating drug sold in any place, order the person who sold the liquor or intoxicating drug, whether or not he is convicted of an offence under section 37A to pay, by way of compensation, such amount as it deems just to the legal representatives of the deceased or to the person or persons to whom grievous hurt or disability has been caused: Provided that where the liquor or intoxicating drug is sold in a licenced shop the liability, to pay the compensation under this section shall be on the licensee.
3. (2) Any person aggrieved by an order under sub-section (1) may, within ninety days from the date of the order, prefer an appeal to the High Court: Provided that no such appeal shall lie unless the amount ordered to be paid under sub-section (1) is deposited in the court which passed such order: Provided further, that the High Court may entertain the appeal after the expiry of the said period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.]