Chapter VII Chapter VII

¹ Omitted by M. P. Act 23 of 1958, S, 3 ( 1), Schedule, Part A, item 21.

Offences and Penalties penalty for il}egalimi,ort 2r 34·. Whoever in countravention of this Act or of any rule, etc. notification or order made, issued or given thereunder, or of any· licence, permit or pass granted under this Act- (a) (b) (c) (d) (e) (f) (g) imports, exports, transportsj manufactures, collects or possesses any intoxicant; or save in the ca8es provided for in section 38, sells any intoxicant; or cultivates any hemp plant; or taps or draw tari from any tari producing tree; or constructs or works any di.~tillery or brewery; or uses, keeps or has in his possession any materials, still utensil, implement or apparatus whatsoever for the purpose of manufacturing any intoxicant other than tari; or removes any intoxicant from any distillery, brewery or warehouse licensed, established or continued under this Act; or ( h) bottles any liquor; 2, Subs. by M. P. Act 23 of 1979, S, 6.

THE MADHYA PRADESH EXCISE ACT, 1915 [shall be punishable for every sucb offence with imprisonment for a term which may extend· to nnc year and fine which hall not be less than two hundred rupees but which may extend to two thousand rupees:] i Provided that when any_ person is convicted under this section

of any offence for a second or subsequent time, he shall be punish-

able for every such offence with imprisonment for a term which shall not be Jess than one month hnt v.hich n1ay extend to twenty- four months and with fine which shall nol be less th~n three hundred rupees but which may extend to three thousand .rupees.]

(a) (b) [(c) alters or attempts to alter any [ denatured spirit or denatured spirituous prep:.uationP with the in- tention that such sprit niay be use for human consumption, whether ris a beverage or internally as a medicine, or in any othC'r way whatsoever, by any method whatsoever; or has in his possession any spirit in respect of which he knows or has reason to believe that any such alter- tion or attempt has been made with the intention specified in clause :'.a), shall be punishable with iro-

prisonmenl for a term which shall not be less than one

month but whirh may extend to two years and also ,,,ith fine which shall not be less than one thousand rupees but which may extend to four thousand rupees;] mixes . denatured spirit or such altered denatured spirit or denatured spirituous preparation with pot- able spirit~ shall be punishable with imprisonment

for a term which shal1 not be less than one month

but which may extend to two years and also with fine which shall not be less than one thousand rupees but which may extend to four thousand rupees : Provided that when any person is convicted

under this .section for a second offence or subsequent

oflince he shall he punishable for such offence with

imprisonmPnt fi.1r a term which shaB not be less than

¹ Subs. by M. P. Act 39 ot I9M2, S. 6 for the predicate "shall be puni-

six mrmth~ but which may extend to six years and with fine whid1 shall not be less than one thousand five hundred rup;·cs but which may extend to six thousand rupees.

sh able for every such offence with imprisonment for a term which may

² Subs. by M. P. A.ct 23 of 1979,. S. 6.

extend to one year, or with fine which shall not be less than two hundred rupees but which may extend to two thausand rupees, or with both". 3. Suhs. by M. P >Ct 39 of 1932 S. 7 (a) for "denatured spirit". Penalty for altering or attempting to alter any [ denatured spirit or den- atured spirituous prepa- ration.J 3

Penalty fo, Wogal posse- lll!on. Penalty for opewng, kee- Ping or using any place as a common drinkingw house or for haVing care, management or control of, or for llSsiiititlg in Conducting, business of any such place. Penalty for tx:ing founJ drunk or for purpose of drinking in a comnwn drinking-house, Penalty for permitting a place to be used for the commission by oths:r per- son of any offence puni- shable under section l-L section 35, section 36 or section 3 6-A. Execution of bond to abs- tain from commbsi011 of offences punishot-le uncicr section 34 or section 36, TH,B M,\DHYJ\ PRADESH EXCISE ACT, 1915 Explanation.-In this section "denatured spirituous preparation" means any preparation made with denatured spirit and includes liquors, french- polish, varnish and th.inners prepared out of such spirituous prcparation.]

any quantity of any intoxicant knowing the same to have been unl~wfully imported, transported, manufactured, cultivated mt collected, or knowing the prescribed duty not to have been paid thereon, shall be punishable with imprisonment fur a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

1[36-A. 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,-

1. (a) opens. keeps or use any place as a common drink- ing-house; or
2. (b) has the care, management or control of, or in any manner assists in conducting the business of any place opened, kepL or used as a common drinking-house; shaU be punishable \Vith imprisonment for a term ,vlllch may exten.d to one year or \Vith Line v,,hich shall not be lc.55 than tvvo hundred rupr:cS but which may extend to two thousand rupees, or with both. 3G-B. Whoever in contravention of tJUS Act or rule or noti- fication or anv order made, issued or given thereunder, or 01' anv licenr-e, permi.t or pass granted under this Act, is found drunk o'r drink..iug in c1 common i:.Irinking-house or is formd there present for the purpose of drinking sh.all be punishable ·with fine \vhich mav extend to one thousaad rupees and any person found in a conunou drinking-house during any drinking therein shall be presumed, until the conn-ary is proved, to have been there for the purpose of drinking. 36-C. Whoever, l wing the ffwucr or occupier or having the use or care or managcmcut or control of any place, knmvingly Jl{!rmits it to be us:::d for the comtni.'ision by any other person of an\" offence nunishable nnder seclion 3L.l-, section 35, section 36 or· section 3h~A shall he punishable with impris011menl for a term which mav extcnd ro oue vear, or with fine which shall not be less than "tn·o hundred ruPecs but which may extend to two thousand rupees or ·with both. r 36-D (1) Whenever an)' person is convicted of an offence μunish~blc 1~nd~r sectio!t. 34 or s~cti~m 36, and the ::vr ~gistrate convict.mg lum 1s of opnuon that lt 1s necessar? to reqmrc such person to execute a bond to al.Jstain from the commis'-.iou of offences punishable under those sections; the Magistrate may at the time of passing st'ntcnc:e on such person, order him to ex:

ecutc a bond for a sum proportionate to his means, V\;jth 0t· with-

out sureties, to abstain from the commission of such oifenccg during such period, not exceeding three years, as he may direct. I. lrni. by M. P. Act 39 of 191'2, S. 7 (b) 2. Im•. by C. P. Act 6 of 1934, S. G. 3. Subs, by M. I'. Act 23 of 1979, S. 7.

THE MADHYA PRADESH EXCISE ACT, 1915 .~·E' (2 ;, The bond shall be in the form contained in the Second Sched~le a.nd the provisiom of the Code of Criminal Procedure, 1898 ,:v of 18l)8) shall, in so far as they are applicable, apply to all matters connected v,rith such bond as if it were a bond to keep the peace ordered to be executed under section 106 of that Code. (S ,1 If the convic~tion is set aside on appeal or otherwise, the bond so executed shall becorn,:~ void. (~ I An order under this section may also be made by an appdhtc court, or by the High Court ½'hen exercising its powers of n:visio:1. '.36-E ( 1 J ·whenever a Magistrate of the first class specially empowered in this behalf by the State Government receives in- formJ..tion that an:, person within the local limits of his juri,;dic- tion h,1bitLully commits, or atternpts to commit, or abets the commi:,sion of an offence puni,;hable under section 31 or sectLon 36, such Magistrate m;iy require such person to show cause why he should not be ordered to execute a bond, ,dth sureties, for his good b,~haviour for such period, not CXC1;eding three years, as the :r,,farrlc:,tL,tc mav dirs":ct. ,'."") ~ ~'.2: TiL: prntri~ions of the Cock of Cr.~rninal Procedure, 1898 (V of 1 WJ81", sh:tli, in so far as they an; applicable, apply to any proc,'cclings under 'iUb-section ;):1 ,Ls i.f the bond I'<':fcrred to therein ,vere a bond required 10 be executed uad:~r sec[ion 110 of that Codf>.]

2[3 7. "Whoever, is g11ilty of any act or intentional omission in contravention of any of the provisions of this Act, or of any rule, notification or order mack, issued or given thereunder and not otherwi<;e provided· for in this Act) shall be punishable -..vith imp- ri~onment for a term which mav extend to :·ix months or with fine ,vhich may extend to one 'thousand rupees) or with both. 38. (1) A licensed Ycndor or any person in his employ and acting on hi:'i behalf \Vho- (a) (b) (c) (d)

sell an.y intoxicant to a per:;on v;ho is drunk or imoxi-

² Subs. by M. P. Act 23 of 1979. S. 8.

cated;or sells or gives any intoxicant to any person 1n con- travention of section 23; or in coutravention of section 22 employs or p~r111its to be employed on any part of his licenc;cd premises referred to in that section any 1w:tle p~rnla or womln; or permits drunkeru1es5, intoxication, di-;orderlr c'.mduct; dancing, singing; playing of music or gaming on the licensed premises of such vendor; or 1. See now the Code of Criminal Procedure, 1973 (2 of 1974). Form of bond and appli• cation of th~ provision\, of the C:>de of Crimin:tl Procedure to all matters. connected with such bond.. Circumstaaces in which bond shall be void. Power of appellate coort of the High Court to make order. Magistrate to require a person to show cause why he should not be ordered to execute a bond for good behaviour. App lic,Hio:l of prov1s1- ons of the Code of Cri• minal Proccdur0 to pro~ ceeding~ under sub-secti- on { l ). Penalty for offences not otherwise pr0vided for, Penalty for certain unla- wful acts of license vendors.

TRB MADHYA PRADESH EXCISE ACT, 1915 Penalty on licensed man- ufacti:rer or vendor of intoxicant for mixin,s or permitting to be mixed with such article any no- xious drug er any foreign ingredient or any dilut- ing or colouring substa- ·ncc. ·Penalty for misconduct by licensee, etc. :Penalty for aUowing co- nsumption in chemist's ,:shop, etc. (c) permits persons whom !tc knows or has reason to believe to have been convicted of any non-bailable offence, or who are prostitutesi to resort to or assem- ble on the licensed premises of such vendor whether for the purposes of crime or prostitution or not; shall be punighable with fine which shall not be less than one hundred rupees but which may extend to two thousand rupees. ·. [(2) _Where any lic~nsed vendor? or any .P~rson in his employ ahd acting on his behalf, 1s charged ,,v1th pcrm1ttmg 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 employ- ed by him took all rea'!onable steps for preventing drunkenness on such premises )1 · 38-A. If any licensed manufacturer or licen.11ed vendor or any person in his employ and acting on his behalf, mixes or permits to be mixed, with any intoxicant manufactured, sold m kept or ex- posed for sale by him, any noxious drug, or any foreign ingredient or any diluting or colouring substance except as prescribed in the li~cnce, or has in possession any intoxicant in respect of which such admixture has been made~ he shall be punishable with impri- soment which shall not be less than one month but which may extend to one year or with fine which shall not be less than three hundred rupees but which may ex.tend to two thousand rupees or with both.

Act or any person in the employ of such holder and acting on his behalf, who intentionally- ( a) fails to produce such licence, permit or pass on the demand of anv Excise Officer or of anv other officer duly empower~d to make such demand; or

1. (b) save in a case provided "for by section 34, contravenes any rule made under section 62; or
2. (c) does any a'it in breach of any of the conditions of the licence, permit or p11ss not otherwise provided for m this Act, shall be punishable in ca'3e (a) with fine which may extend to four hundred rupees, and in case (b) or (c) with fine which may extend to [ ten thousand ru pccs)2. 4-0. ( l) A Chemist, drugg{st, apothecary or keeper of a dispensary ,-vho allows any intoxicant, which has not been bonafide medicated for mcd.icinal purposes, to be consumed o_n bis busines!I premises by any person not employed in his businc·,.-. sh.all be puni'3hablc with imprisonment for a term J. Ins. hy M. P, Act 39 of 1982, S. 8 'J, Sub.:·. by M. P. Act !4 of !987 S. 3, for ·•one tlwusand rupees" I THE MADHYA PRADESH EXCISE ACT, 1915 ,vhich may extend to one year or with fine which shall not be less than five hundred rupees but which may extend to four thousand rupees, or ,vith both.

1. (2) Any pcrnon not employed as aforesaid v,.,ho consumes any such intoxicant on such premises shall be punhhable with fine ,vhich may extend to five hundred rupees.. 10-A. "Whoever assaults or obstructs- Punishment for obstruction to or assault on, officer, etc. any excise officer or person excrc1smg powers under (b) this Act, or any informant or other nerson helping any such officer or person v,rhile exercising powers under this Act, shall be punishable with imprisonment ,vhich may extend to hvo years or with fine which may extend to t\vo thousand rupees or "With both.] 41. (l 1 \,Vhcre any intoxicant has been manufactured or Manufacture, sale or sold or is possessed by any person on account of any other person possession by one person on and such other person kncnvs or has reason to believe that such account of another. manufacture or sale -was, or that such possession is, on his account the intoxicant shall, for the purposes of this Act, be deemed to have been manufactured or sold by, or to be in the possession of, such other person. :, 2) Nothing in su h-sec i:ion ( 1) shall absolve any person ,vho manufactures, sells or has possession of an intoxicant on account of another person from liability to ,my punishment under this Act for the unla,vful manufacture, sale or possession of such intoxicant. 4 2. \,V h ocvcr, at tern pt'i to commit or abets any o Hence punish-Attempts to commit, and able under this Act shall he liable to the punislunent provided for abetment of offences. such offence. 1-3. In prosecutions under section 34, section 35 and section Presumption as to commi- 36 it (shall be presumed, until the contarary i<; provcd]1, that the ssion of offence incertain accused person ha<; committed an offence punishable under that. cases. section in respect of- (a) (b) (c) any intoxicant, or any still, utcmil, implement or apparatus whatsoever for the manufacture of any intoxicant other than tari, or any materials which have undergone any process towards the manufacture of an intoxicant or from ,vhich. an intoxicant lw.5 been mam: factured, for the possc'!sion of which he is 11nable to account sati~factorily. ·--------·-·-·--··----·-... ·-----~ .. ·-·-~----..--·--·----... _.. ___________ ,._ .. ~--.. -· ,._ ........ _ ---·-- I. Subs. by C. P. Act 6 of l 934, '.; .. R, for" may be prcstirned.'' THE MADHYA PRADESH EXCISE ACT, 1915 Criminal 11aoility o;· licensee for acts of servan b. Enhanced punisb.ment after previous conviction. Liability of certain things to confiscation. ·J4. Where any offf:nce under section 34-, section 35, sectioa 36, [~cction 36-A]', seclion 3B, [section 38-A.]1, or section 39 is committed by any person in the employ and acting on behalf of the holder of a licence, permit or pass granted under this Acti such holde shall also be pun.bhahle as if he had himself committed the same, unless he establishes that all due and reasonable pre- cautions \.>Trc exercised bv him to prevent the commission of such offence : · ·Provided that no person other than the actual offender shall be punishable ·with imprisonment except in default of payment of fine. 45, If any person after having been previously convicted of ·1.n offence punishable under section 34, section 35 section 36, [sectitJn 36-A, section 36-H]\ [section 36-cr or section 40 or under the corresponding provisions in any enactment repealed by this Act, subsequently commit,;; and is:; convicted of an offence punishable under any of tho'>e sections, he shall be liable to twice the punislh ment which might be impmed on a first conviction nnder this Act: [Provided that nothing in this section shall prevent any offence ,,vhich might otherwise havf' been tried summarily under Chapter XXI of the Code of Criminal PrvL:o:durc, 1973 (No. 2 of 1974-), from being so tt·~cJ,] 46, ( 1 ~-·whenever an olfcncc ha$ been committcJ ,dllch ls punishable under this Act, rhe intoxicant materials, still. utensil, implement or apparatus in respect of or by means of which such offence has been committed shall be liable to confiscation. '(2) Any intoxicant lawfully imported, transported, manufac- tured, held in possession or sold along with, or in addition to, any intoxicant liable to confiscation under sub-section (I), and the receptacles, package.'.: and coverings in which any such intoxicant, materials, still, utensil, implements or apparatus as aforesaid is or are found, and the other contents, if any, of the receptacles or packages in which the same is or are found, and the animals, carts, vessels, rafts or other conveyance used in carrying the same, shall likewise be liable to confiscation : Provided that no animals, carts, vessels, rafts or other con ve- yancc shal1 be liable to confiscation if it is proved that they are not the property of the offender and if the owner thereof establi- shes that he had no reason to believe that such offence was being or was likely to be committed. --------·----------·----------------·---------------- l. Ins.by C. P. Act6of 1934,S. 9 3. Ins, by C. P. Act 56 of 1948, S. 3. ·. • THE MADHYA PRADESH EXCISE ACT, 1915 4 7. ( 1) Where in any case tried by him theMagistrate de- cides that anything is liable to confiscation under section 46, he may either order confiscation or may give the owner of the thing liable to be confiscated an option to pay,in lieu of con~ fiscation, such fine as the :Magistrate thinks fit.
2. (2) \Vhen an offence under this Act has been committed, but the offender is not known or cannot be found, the case shall be enquired into and determined by the Collector,.who may order confiscation ; Provided that no such order shall be made until the ex- piration of one month from the date of seizing the thing intended to be confiscated,or without hearing any person who may claim any right thereto, and the evidence (if any) which he may pro- duce in su ppart of his claim : Provided further that if the thing in question is liable to speedy and natural decay,or if th~ Collector is of opinion that sale would be for the benefit of its owner, the Collector may at any time direct it to be sold ;and the provisions of this sub- section shall, as nearly as may be practicable, apply to the net proceeds of such sale. 48. [(l) The Collector may-- (a) (b) acce}?t ~om any person whose licence, permit or pass 1s liable to be cancelled or suspended under clauses (a) and (b) of section 31, who is reasonablv suspected of having committed an offence under

² Ins. by C. P, Act 6 of I 934, S. 10.

⁴ Subs. by M, P. Act 23 of 1979. S. 9.

section 37, section 38, section 38-A (except in a case

to which proviso to that section applies) or section 39, a sum of money not exceeding ten thousand rupees in lieu of such cancellation or suspension or by way of compo~ition for such offence, as the case may be, or may impose as a penalty a sum not exceeding ten thousand rupees, and, may in either case, order the confiscation of articles ,-vhich are seized; and in any case in which any property has been seized a.~ liable to confiscation under this Act, may at anv time before an order of confiscation has been passed

by a Judicial Magistrate, release the same on pay-

ment of the value thereof was estimated by the Collector. ]

1. (2) On the payment of such sum of money, or such value, or both, as the case may be, to the Collector, the accused person, if in custody, shall be discharged, the property seized (if any) shall be released; and no further proceedings shall be taken against such person or property. t. Subs. by M. P. Act 23 of 1979, S. 10. Order of confiscatioa. Power to compounti offences. Pe°:alty on offic..:n making vuatlous search, seizure, -detention or arrest. :Penalty for import etc. of liquor unfit for human consumption or for altering or attempting to aher •denatured spirituous ;preparation. 1HE MADHYA PRADESH EXCISE ACT 1915 . I

Page 22 23 !4 24 24 24 24 25 25 25 25 25 25 25 26 26 26 THE MADHYA PRADESH EXCISE ACT, 1915 Sectionr: 40-A. Punishment for obstruction to or, assault on, officer, etc.

Manufacture., sale or possession by one person on account of another.

Attempts to commit, and abetment of offences.

Presumption as to commission of offence in certain cases.

4 7. Order of confiscation. •

Revenue Department or any other person duly empowered under section 52, who vaxatiously and unnecessarily-

1. (a) enters or searches or causes to be entered or searched any place under colour of exercising any power conH ferred by this Act, or
2. (b) seized the movable property of any person on the pretence of seizing or searching for any article \jable to confiscation under this Act, or
3. (c) detains, searches or arrests any person, shall be punishable vvith imprisonment for a term which may extend to three months, or with fine \\·hich may extend to five hundred rupees, or with both.