Chapter VI PENALTIES AND OFFENCES

Penalty for illegal import, export, sale or possession. Whoever, in contravention of the provisions of this Act or of any rule or order made or of any licence, pass, permit or authorisation granted thereunder,- (a)imports or exports any intoxicant or hemp; (b)manufactures any intoxicant; (c)constructs or works any distillery or brewery; (d)bottles liquor; (e)sells or buys any liquor or intoxicant or hemp; (f)uses, keeps or has in his possession any materials, still, utensil, implement or apparatus for the purpose of manufacturing any intoxicant other than today; (g)keeps or has in his possession any materials which have undergone any process towards the manufacture of liquor or any intoxicating drug or from which any liquor or intoxicating drug has been manufactured, -shall, on conviction, be punished,- (i)for a first offence, with imprisonment for a term which may extend to one year or with fine which may extend to Rs. 1,000, or with both: Provided that in the absence of any special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than six months and fine shall not be less than Rs. 500; (ii) for a second offence, with imprisonment for a term which may extend to two years and with fine which may extend to Rs. 2,000: Provided that in the absence of special and adequate reasons to the contrary, to be mentioned in the judgment of the Court, such imprisonment shall not be less than nine months, and fine shall not be less than Rs. 1,000; (iii) for a third and subsequent offences, with imprisonment for a term which may extend to two years and with fine which may extend to Rs. 2,000: Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than one year and fine shall not be less than Rs. 1,000.

Penalties for illegal cultivation of hemp plants. Whoever, in contravention of the provisions of this Act, or of any rule or order made, or of any licence, permit, pass or authorisation issued thereunder,- (a)cultivates or collects hemp or collects any portion of hemp plant from which any intoxicating drug can be manufactured; (b)consumes, uses, possesses or transports any intoxicant or hemp; (c)taps or permits or suffers to be tapped, any toddy-producing tree; (d)draws or permits or suffers to be drawn, toddy from any tree; -shall, on conviction, be punished,- (i) for a first offence with imprisonment for a term which may extend to six months or with fine which may extend to Rs. 1,000: Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than three months and fine shall not be less than Rs. 500; (ii) for a second offence, with imprisonment for a term which may extend to two years and with fine which may extend to Rs. 2,000: Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than six months and fine shall not be less than Rs. 1,000; (iii) for a third and subsequent offences, with imprisonment for a term which may extend to two years and with fine which may extend to Rs. 2,000: Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than nine months and fine shall not be less than Rs. 1,000.

Penalty for tampering with denatured alcohol. Whoever, in contravention of section 13, alters or attempts to alter any denatured spirit or any denatured spirituous preparation or has in his possession any such spirit or preparation in respect of which he knows or has reason to believe that any such alteration or attempt at alteration has been made, shall, on conviction, be punished with imprisonment for a term which may extend to one year and with fine which may extend to Rs. 1,000: Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than three months and fine shall not be less than Rs. 500.

Penalty for unauthorized manufacture of medicinal intoxicants. (1) Whoever, in contravention of the provisions of section 49,— (a)sells, uses or disposes of any liquor otherwise than as an ingredient of any article mentioned in section 16, or (b)uses more alcohol in the manufacture of such article which may be used as intoxicating liquor than the quantity necessary for extraction or solution of the elements contained therein and for the preservation of such article, or (c)knowingly sells any such article for being used as an intoxicating drink, or sells any such article under circumstances from which he might reasonably deduce the intention of the purchaser to use them for such purpose, -shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine or with both. (2) No person, who has been convicted for any offence under this section or has paid any sum of money for compounding such offence shall be entitled to manufacture, import, or to sell any article mentioned in section 16 for a period of one year from the date of such conviction or payment, and any person who imports, manufactures or sells any such article in contravention of this sub-section, shall be liable to the same punishment as is provided for an offence punishable under section 58.

Penalty for non-compliance with section 50 requisitions. (1) If the manufacturer of any of the articles mentioned in section 16 fails to show, to the satisfaction of the Commissioner, that the article corresponds to the description and limitations provided in section 49, his licence for the purchase, use or possession of liquor or alcohol for the manufacture of such article shall be revoked. (2) Any person, who fails to comply with any requisition made by the Commissioner under sub-section (2) of section 50 shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine or with both.

Penalty for illegal dealing in mhowra flowers. Whoever in contravention of the provisions of section 42 or of any rule or order made or licence, permit or pass granted under this Act, imports, exports, collects, transports, sells, buys or has in his possession mhowra flowers shall, on conviction, be punished,- (i)for a first offence, with imprisonment for a term which may extend to six months and with fine which may extend to Rs. 1,000: Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than three months and fine shall not be less than Rs. 500; (ii)for a second offence, with imprisonment for a term which may extend to two years and with fine which may extend to Rs. 2,000: Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than six months and fine shall not be less than Rs. 1,000; (iii)for a third and subsequent offences, with imprisonment which may extend to two years and with fine which may extend to Rs. 2,000: Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than nine months and fine shall not be less than Rs. 1,000: Provided further that no person shall be punished in respect of any mhowra flowers which are either growing on a tree or are lying uncollected on the ground as they have fallen from a tree.

Penalty for illegal dealings in molasses. Whoever, in contravention of the provisions of section 43 or of any rule or order made or of any licence or permit granted under this Act, exports, imports, transports, sells or has in his possession molasses shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to Rs. 1,000 or with both: Provided that no manufacturer of jaggery from sugarcane shall be liable for possession of molasses which is a by-product of the process and is not in excess of such quantity as may be prescribed.

Penalties for publishing liquor advertisements. Whoever, in contravention of the provisions of section 15 or of any rule or order made under this Act,— (1)prints or publishes in any newspaper, news-sheet, book, leaflet, booklet or any single or periodical publication or otherwise displays or distributes any advertisement or other matter,

Penalty for incitement to violate the Act. Whoever in contravention of the provisions of section 14 or of any rule or order made under this Act,— (a) solicits the use of or offers any intoxicant or hemp, or (b) does any act, which is calculated to incite or encourage any individual or class of individuals or the public generally to commit an offence under this Act or commit a breach of any rule or order made or of the conditions of a licence, permit, pass or authorisation granted thereunder, -shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.

Penalty for failing to obey inspection/information orders. Whoever,— (a) fails to furnish any information or produce any accounts or other documents in compliance with an order made under clause (a) of section 55, or (b) obstructs any officer making inspection, entry, search or seizure under clause (b) or clause (c) of section 55, -shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.

Penalty for evasion of excise duty. Whoever, imports, exports, transports, possesses, sells or manufactures any intoxicant or hemp without payment of duty or fee provided for under this Act, shall, on conviction, in addition to being required to pay such duty or fee, be punished with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees, or the amount of such duty or fee, whichever is greater, or with both.

Penalties for licensee misconduct. Whoever, being the holder of a licence, permit, pass or authorisation granted under this Act, or a person in the employ of such holder or acting with his express or implied permission on his behalf,— (a) fails to produce the licence, permit, pass or authorisation on demand by a Prohibition Officer or any other officer duly empowered, or (b) wilfully does or omits to do anything in contravention of any rule made under this Act, or (c) wilfully does or omits to do anything in breach of any of the conditions of such licence, permit, pass or authorisation, not otherwise provided for under this Act, -shall, on conviction, be punished for each such offence with imprisonment for a term which may extend to three months or with fine which may extend to two hundred rupees, or with both.

Specific penalties for vendors or manufacturers. Whoever, being the holder of a licence for the sale or manufacture of any intoxicant under this Act, or person in the employ of such holder or acting with the express or implied permission on his behalf,— (a) mixes or permits to be mixed with the said intoxicant any noxious drug or any foreign ingredient likely to add to the actual or apparent intoxicating quality or strength, or any article prohibited by any rule made under this Act, or water except for the purpose of reducing liquor to the strength prescribed in the licence, or any diluting or colouring substance or any ingredient whatsoever likely to render the intoxicant inferior in quality, whether such ingredient is or is not prohibited as aforesaid, when such admixture shall not amount to the offence of adulteration under section 272 of the Indian Penal Code, or (b) sells or keeps or exposes for sale as foreign liquor, liquor which he knows or has reason to believe, to be country liquor, or (c) marks the cork of any bottle or any bottle, case, package, or other receptacle containing country liquor, or uses any bottle, case, package or other receptacle containing country liquor with any mark thereon or on the cork thereof with the intention of causing it to be believed that such bottle, case or package or other receptacle contains foreign liquor when such act shall not amount to an offence of using a false trade mark with intent to deceive or injure any person under section 482 of the Indian Penal Code, or (d) sells or exposes for sale any country liquor in any bottle, case, or package or other receptacle with any mark thereon or on the cork thereof with intention of causing it to be believed that such bottle, case, package or other receptacle contains foreign liquor, when such act shall not amount to the offence of selling goods marked with counterfeit trade mark under section 486 of the Indian Penal Code, or (e) sells any intoxicant which is not of the nature, substance and quality demanded by the purchaser or keeps or exposes for sale any intoxicant which is not of the nature, substance and quality authorised by the terms of the licence to be kept for sale by the holder of the licence, -shall, on conviction, be punished for each offence with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees.

Licensees are responsible for the actions of their employees. The holder of a licence, permit, pass or authorisation granted under this Act, shall be responsible, as well as the actual offender, for any offence committed by any person in his employ or acting with his express or implied permission on his behalf, under the provisions of this Act, as if he himself had committed the same, unless he shall establish that all due and reasonable precautions were exercised by him to prevent the commission of such offence: Provided that no person other than the actual offender shall be punished with imprisonment, except in default of payment of fine.

Liability if acts are performed on behalf of another. (1) Whenever any intoxicant, hemp, mhowra flowers or molasses are manufactured, imported, exported, transported, sold or possessed by any person on account of another person and such other person knows, or has reason to believe that such manufacture, import, export, transport, sale or possession is on his account, the intoxicant hemp, mhowra flowers or molasses, as the case may be, shall for the purposes of this Act be deemed to have been manufactured, imported, exported, transported or sold by, or in the possession of, such other person. (2) Nothing in sub-section (1) shall absolve any person from liability to any punishment under this Act, for the unlawful manufacture, export, import, transport, sale or possession of such article.

Attempting or abetting an offence is punishable as the offence itself. Whoever attempts to commit or abets the commission of an offence under this Act shall, on conviction, be punished for such attempt or abetment with the same punishment as is provided for the principal offence.

Violating conditions of a licence or permit is an offence. (1) In the event of any breach by the holder of any licence, permit, pass or authorisation granted under this Act, or by his servants or by any person acting with his express or implied permission on his behalf, of any of the terms or conditions of such licence, permit, pass or authorisation, such holder, shall, in addition to the cancellation or suspension of the licence, permit, pass or authorisation granted to him, be punished, on conviction, with imprisonment, for a term which may extend to six months or with fine, which may extend to five hundred rupees or with both, unless it is proved that all due and reasonable precautions were exercised by him to prevent any such breach. (2) Any such person who commits any such breach shall, whether he acts with or without the permission of the holder of the licence, permit, pass or authorisation, be liable to the same punishment.

Punishment for criminal conspiracy relating to the Act. When two or more persons agree,- (a) to commit or cause to be committed any offence under this Act, or (b) to commit a breach of the conditions of a licence, permit, pass or authorisation, -each of such persons, shall, on conviction, be punished with imprisonment for a term which may extend to two years or with fine which may extend to one thousand rupees or with both.

Punishment for public intoxication and disorderly behavior. Whoever,- (1) in any street or thoroughfare or public place or in any place to which the public have or are permitted to have access— (a) is drunk and is incapable of taking care of himself, or (b) behaves in a disorderly manner under the influence of drink, or (2) not being the holder of a permit granted under the provisions of this Act or is not eligible to hold a permit under section 31, section 34 or section 37 is found drunk in any place, -shall, on conviction, be punished,- (a) for a first offence, with imprisonment for a term which may extend to one month, and with fine which may extend to two hundred rupees:

Owner or occupier liability for allowing premises use. (1) Whoever being the owner or occupier or having the use or care or management or control of any place, knowingly permits it to be used for the purpose of commission by any other person of any offence punishable under this Act, shall, on conviction, be punished with imprisonment for a term, which may extend to six months or with fine which may extend to Rs. 1,000, or with both: Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than three months and fine shall not be less than Rs. 500. (2) It shall be presumed until the contrary is proved that the person accused of an offence under sub-section (1) has committed such offence, if the offence committed by that other person is proved to have been committed in the premises in his immediate possession.

Specific penalties for medical professionals allowing consumption. A chemist, druggist, apothecary or keeper of a dispensary who allows any liquor which has not been bona fide medicated for medicinal purposes according to the prescription of a registered medical practitioner or any intoxicating drug to be consumed on his business premises by any person, shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to Rs. 1,000, or with both.

Punishment for fraudulent medical prescriptions. If a registered medical practitioner issues a prescription with the intention that such prescription shall be used by the person to whom it is issued for the purpose of consuming liquor or intoxicating drug in contravention of the provisions of this Act, or rule or order made thereunder or any licence, permit, pass or authorisation granted under this Act, he shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to Rs. 1,000, or with both.

Penalty for making false accusations against persons or officers. Any person who, maliciously and falsely gives information to any person exercising powers under this Act leading to a search, seizure, detention or arrest, shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to Rs. 1,000, or with both.

Punishment for officers performing illegal searches/seizures. Any officer or person exercising powers under this Act, who,- (a) maliciously enters or searches or causes to be entered or searched, any building or house or similar dwelling place; or (b) vexatiously and unnecessarily seizes 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, on conviction, be punished with imprisonment for a term which may extend to one year or with fine which may extend to Rs. 1,000, or with both.

Punishment for delay in reporting seizures or producing arrested persons. Any officer or person, who vexatiously and unnecessarily delays forwarding to the officer in charge of the nearest Police Station any person arrested or article seized under this Act, shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine which may extend to Rs. 1,000 or with both.

Liability for facilitating the escape of persons under custody. Any officer 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 State Government or of a local authority who abets the commission of any offence against this Act, -shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine which may extend to Rs. 1,000, or with both.

General penalty for other violations of the Act. Whoever is guilty of any wilful act or intentional omission in contravention of any provision of this Act, or any rule, regulation or order thereunder or of any licence, permit, pass or authorisation granted under this Act and if such act or omission is not otherwise made an offence under this Act, shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to Rs. 500, or with both.