A hokier cf a licence, permit or pass granted under this

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