Whoever, without lawful authority, has in his possession

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.