Who ever-

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.]