Chapter III Chapter III

Whoever – (a) Manufactures liquor; or (b) constructs or works any distillery or brewery; shall be punishable with imprisonment of either description which may extend to one year, or with fine which may extend to two thousand rupees, or with both.

Whoever (a) Import, Exports, transports or possesses liquor; (b) Bottles of any liquor for sale; (c) Sell or buys liquor; (d) Consumes liquor; or (e) Uses, keeps or has in his possession any materials, still, utensils, implement or apparatus whatsoever for the manufacture of any liquor; shall be punishable with imprisonment of either description which may extend to six month, or with fine which may extend to one thousand rupees, or with both.

(1) Whoever – (a) imports, exports, transports or processes any intoxicating drug; (b) except in accordance with rules made by the Provincial Government in this behalf, cultivates the hemp plant or extracts any portion of such plant from which any intoxicating drug can be manufactured; (c) uses, keeps or has in his possession any materials, still, utensils, implement or apparatus whatsoever for the manufacture of any intoxicating drug. (d) sells or buys any intoxicating drug; or (e) consumes any intoxicating drug; Shall be punishable with imprisonment of either description which may extend to six months or with fine which may extend to one thousand rupees, or with both. (2) Whoever manufactures any intoxicating drugs shall be punishable with imprisonment of either description which may extend to one year, or with fine which may extend to two thousand rupees, or with both.

Whoever – (a) imports, exports, transports or possesses talras, (b) bottles talras for sale, (c) sells or buys talras, or (d) consumes talras except at a place specified in a permit granted for the sale of talras under clause (b) of sub-section (1) of section 31;

Whoever- (a) imports, exports, transports or possesses tari; (b) bottles tari for sale; (c) sells or buys tari; or (d) consumes tari;

Whoever- (a) taps any tari-producing tree or permits to be tapped any tari producing tree belonging to him or in his possession; or (b) draws tari from any tree or permits tari to be drawn from any tree Belonging to him or his possession; Shall be punishable with imprisonment of either description which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Nothing contained in sections 8,9,10,11,12 or 13 shall apply to any act, done under and in accordance with the provisions of this Act, or the terms of any rule, notification or order, license or permit issued. there under.

It may be presumed until the contrary is proved, that a person accused of any offence under clause (e) of section 9, or clause (c) of sub-section (1) section 10 has committed such offence in respect of any stills, utensils. Implement or apparatus whatsoever for the manufacture of liquor or any intoxicating drug or any such materials as are ordinarily used for the manufacture of liquor or any intoxicating drug for the possession of which he is unable to account satisfactorily.

When the provision of sections 8,9,10,11 or 12 are brought into force in any area, the Provincial Government may issue a permit to any person who was lawfully in possession on the day before such section was so brought into force of any article, the possession or sale of which is prohibited by the said section, to possess and sell such articles within such period and subject to such condition as may be specified in the permit.

Provincial Government may issue a permit to any person to manufacture liquor in any distillery and to sell or export any liquor so manufactured to such persons or to such areas and subject to such condition as may be specified in the permit.

Whoever renders or attempts to render fit for human consumption any sprit, whether manufactured in India or not, which has been denatured, or has, in his possession, any spirit in respect of which he knows or has reason to believe that any such attempt has been made, shall be punishable with imprisonment of either description which may extend to six months, or with fine which may extend to one thousand rupees, or with both. For the purposes of this section, it shall be presumed, until the contrary is proved, that any sprit which is proved on chemical analysis to contains any quantity of any of the prescribed denaturants is or contains or has been derived from denatured spirit.

Whoever prints or publishes in any newspaper, book, leaflet, booklet or any other single or periodical publication or otherwise displays or distributes any advertisement or other matter commending, soliciting the use of, or offering any liquor, tari or intoxicating drug other than liquor, tari or drugs exempted under section 28 shall be punished with fine which may extend to one thousand rupees: Provided that this section shall not apply to – (a) catalogues or price lists which may be generally or specially approved by the Prohibition Commissioner; (b) any advertisement printed and published in a newspaper before the first day of November, 1938; (c) any bona fide scientific opinion expressed on the medicinal value of tari or any specified liquor or drug.

Any officer or person exercising powers under this Act, who – (a) without reasonable ground of suspicion, searches or causes to be searched any place, or (b) vexatiously and unnecessarily seized the property of any person on the pretence of seizing or searching for anything liable to confiscation under this Act, or (c) vexatiously and unnecessarily detains, searches or arrests any person, or (d) in any other way maliciously exceeds or abuses his lawful powers, shall be punishable with imprisonment of either description which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

Any officer or person exercising powers under this Act, who vexatiously and unnecessarily delays forwarding to the officer in charge of the nearest police station as required by section 39 any person arrested or any article seized under this Act, shall be punishable with imprisonment of either description which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

Any officer or person exercising powers under this Act, who – (a) unlawfully releases any person arrested under this Act, or (b) abets the escape of any person arrested under this Act, or (c) abets the commission of any offence against this Act, and Any other officer of the Crown or of a local body who abets the commission of any offence against this Act, shall be punishable with imprisonment of either description which may extend to six months, or with time which may extend to five hundred rupees, or with both.

Whoever is guilty of any willful Act, or intentional commission in contravention of the provisions of this Act, or of any rule, notification or order made or any permit or license issued there under and not otherwise provided for in this Act, shall be punishable with fine which may extend to two hundred rupees.

Where any offence against this Act, is committed in any area in which it is in force, whoever commits, or attempts to commit, or abets the commission of, any of the Acts, making up the offence shall be liable to be punished therefore, whether such commission, attempt or abetment takes place within or outside such area.

When an offence has been committed against this Act, the liquor, tari, talras, intoxicating drug, materials, still, utensils, implement, or apparatus in respect of or by means of which the offence was committed shall be liable to confiscation along with the receptacles, packages, covering, animals, vessels, carts or other vehicles used to hold or carry the same: Provided that no animal, vessel, cart or other vehicle as aforesaid shall be liable to confiscation unless the owner thereof is proved to have been implicated in the commission of the offence.

(1) When the offender is convicted or when the person charged with an offence against this Act, is acquitted, but the Court decides that anything is liable to confiscation such confiscation may be ordered by the Court. (2) When an offence against this Act, has been committed but the offender is not known or cannot be found, or when anything liable to confiscation under this Act, and not in the possession of any person cannot be satisfactorily accounted for, the case shall be inquired into and determined by the Magistrate or Prohibition authority, and the Magistrate or such Prohibition authority may order such confiscation: Provided that no such order shall be made until the expiration of three months from the date of seizing the things intended to be confiscated or without hearing the persons, if any, claiming any right thereto, and evidence, if any, which they may produce in support of their claims.

All offences under this Act, shall be cognizable, and subject to the provisions of this Act, the provisions of the Code of Criminal Procedure, 1898 (V of 1898), with respect to cognizable offences shall apply to them.