Chapter VII SPECIAL RULES OF EVIDENCE AND PROCEDURE REGARDING

Presumptions apply concerning possession of intoxicants. (1) In prosecutions under any of the provisions of this Act, it shall be presumed without further evidence, until the contrary is proved, that the accused person has committed an offence under this Act in respect of any intoxicant, hemp, mhowra flowers or molasses or any still, utensil, implement or apparatus whatsoever for the manufacture of any intoxicant as are ordinarily used for the manufacture of such intoxicant or any materials, which have undergone any process towards the manufacture of any intoxicant or from which an intoxicant has been manufactured for the possession of which he is unable to account for satisfactorily. (2) In prosecutions under section 60, it shall be presumed without further evidence until the contrary is proved that the accused person has committed an offence under that section in respect of any denatured spirit or denatured spiritous preparation which has been or attempted to be altered in contravention of the provisions of section 13. (3) Subject to the provisions of sub-section (4), where in any trial of an offence under clause (b) of section 59 for the consumption of an intoxicant, it is alleged that the accused person consumed liquor and it is proved that the concentration of alcohol in the blood of the accused person is not less than 0.05 per cent, then the burden of proving that the liquor consumed was a medicinal or toilet preparation or an antiseptic preparation or solution or a flavouring extract, essence or syrup, containing alcohol, the consumption of which is not in contravention of this Act or any rules or orders made thereunder, shall be upon the accused person, and the Court shall in the absence of such proof, presume the contrary. (4) The provisions of sub-section (3) shall not apply to the consumption of any liquor,- (a) by indoor-patients during the period they are being treated in any hospital, convalascent home, messing home, or dispensary, maintained or supported by Government or a local authority, or by charity, or (b) by such other person, in such other institutions or in such circumstances as may be prescribed.

Reports from medical officers are admissible as evidence. Any document purporting to be,- (a) a certificate under the hand of a Registered Medical Practitioner or the Chemical Examiner or Assistant Chemical Examiner to Government under section 109 or of an officer appointed under sub-section (1) of that section, or, (b) a report under the hand of any Registered Medical Practitioner, in any hospital or dispensary maintained by the State Government or a local authority, or any other Registered Medical Practitioner authorised by the State Government in this behalf, in respect of any person examined by him or upon any matter or thing duly submitted to him for examination or analysis and report, -may be used as evidence of the facts stated in such certificate, or as the case may be, report, in any proceedings, under this Act; but the Court may, if it thinks fit, and shall, on the application of the prosecution or the accused person, summon and examine any such person as to the subject-matter of his certificate or as the case may be, report.

(1) In all trials for offences under this Act, the Magistrate shall follow the procedure prescribed in the Code of Criminal Procedure, 1898, for the trial of summary cases in which an appeal lies: Provided that if in respect of any case, the Magistrate, for reasons to be recorded in writing, decides that it is not desirable to follow such procedure, he shall follow the procedure prescribed in Chapter XX or Chapter XXI of the said Code, according as the case is, a summons case or a warrant case. (2) Save as otherwise expressly provided in this Act, all investigations, arrests, detentions in custody and searches shall be in accordance with the provisions of the Code of Criminal Procedure, 1898: Provided that no search shall be deemed to be illegal by reason only of the fact that witnesses for the search warrant are not inhabitants of the locality in which the place searched is situated.

(1) In the absence of any provisions to the contrary in this Act, all offences under this Act shall be cognizable and the provisions of the Code of Criminal Procedure, 1898, with respect to cognizable offences shall apply to offences under this Act. (2) Offences under section 58, section 59 or section 60 shall be non-bailable.

The Commissioner may accept money for the compounding of offences. (1) The State Government may sanction the acceptance from any person whose licence, permit, pass or authorisation is liable to be cancelled or suspended under the provisions of this Act, or who is reasonably suspected of having committed an offence under section 63, section 64, section 68, section 69 or section 74, of a sum of money in lieu of such cancellation or suspension or by way of compensation for the offence which may have been committed, as the case may be; and in all cases in which any property, other than the intoxicant, hemp, mhowra flowers or molasses has been seized as liable to confiscation under this Act, may release the same on payment of the value thereof as estimated by the State Government or such officer as the State Government may authorise in this behalf: Provided that where a person, who is reasonably suspected of having committed an offence under section 63, or section 68 is not the holder of a licence, permit, pass or authorisation granted under this Act, or a person in the employ of such holder or a person acting with his express or implied permission on his behalf, the sum of money which may be accepted from such person by way of compensation, shall not exceed Rs. 500. (2) On the payment by such person of such sum of money or such value or both, as the case may be, such person, if in custody, shall be set at liberty and the property seized may be released and if any proceedings shall have been instituted against such person in any Criminal Court, the composition shall be held to amount to an acquittal and in no case shall any further proceedings be taken against such person or property with reference to the same facts.

Exclusion of probation acts for certain offences. Nothing in the Probation of Offenders Act, 1958 (Central Act 20 of 1958), or section 562 of the Code of Criminal Procedure, 1898, shall apply to any person convicted of any offence under this Act.

Power to demand security from suspected offenders. (1) Whenever any person is convicted of an offence punishable under this Act, the Court convicting such person, may, at the time of passing sentence on such person, order him to execute a bond for a sum proportionate to his means with or without sureties to abstain from the commission of offences punishable under the provisions of this Act during such period not exceeding three years as it may direct. (2) The bond shall be in such form as may be provided under the provisions of the Code of Criminal Procedure, 1898, and the provisions of the said Code shall in so far as they are applicable apply to all matters connected with such bond as if it were a bond to keep peace, ordered to be executed under section 106 of the said Code. (3) If the conviction is set aside on appeal, the bond so executed shall become void.

Power to demand security for good conduct. (1) Whenever a District Magistrate, or a Magistrate of the First Class specially empowered by the State Government in this behalf, receives information that any person within the local limits of his jurisdiction habitually commits or attempts to commit or abets the commission of an offence punishable under this Act, such Magistrate may require such person to show cause why he should not be ordered to execute a bond with sureties, for his good behaviour for such period not exceeding three years as the Magistrate may direct. (2) The provisions of the Code of Criminal Procedure, 1898, shall in so far as they are applicable apply to any proceedings under sub-section (1) as if the bond referred to thereunder were a bond required to be executed under section 110 of the said Code.

Guardians required to execute bonds for minors. If any person in respect of whom a bond is ordered to be executed under section 91 or section 92 is a minor, a bond shall be executed by his guardian.

Liquor, machinery and transport used in offences shall be liable for confiscation. (1) Whenever any offence punishable under this Act has been committed,- (a) any intoxicant, hemp, mhowra flowers, molasses, materials, still, utensil, implement or apparatus in respect of which the offence has been committed; (b) where in the case of an offence involving illegal possession, the offender has in his lawful possession any intoxicant, hemp, mhowra flowers or molasses other than those in respect of which an offence under this Act has been committed, the entire stock of such intoxicant, hemp, mhowra flowers or molasses; (c) where, in the case of an offence of illegal import, export or transport the offender has in his lawful possession any intoxicant, hemp, mhowra flowers or molasses other than those in respect of which an offence under this Act has been committed, the entire stock of such intoxicant, hemp, mhowra flowers or molasses; (d) where, in the case of an offence of illegal import, export or transport the offender has attempted to import, export or transport any intoxicant, hemp, mhowra flowers or molasses, in contravention of the provisions of this Act, rule or order made thereunder or in breach of any condition of a licence, permit, pass or authorisation, the whole quantity of such intoxicant, hemp, mhowra flowers or molasses, which he has attempted to import, export or transport; (e) where in the case of an offence of illegal sale, the offender has in his lawful possession any intoxicant, hemp, mhowra flowers or molasses other than that in respect of which an offence has been committed, the whole of such other intoxicant, hemp, mhowra flowers or molasses; -shall be confiscated by the order of the Court. (2) Any receptacle, package, or covering in which any of the articles liable to confiscation under sub-section (1) is found and the other contents of such receptacle, package or covering and the animals, vehicles, vessels or other conveyance used in carrying any such article shall likewise be liable to confiscation by the order of the Court.

Possibility of return to owners not involved in the crime. When, during the trial of a case for an offence under this Act, the Court decides that anything is liable to confiscation under section 94, the Court may, after hearing the person, if any, claiming any right thereto and the evidence, if any, which he produces in support of his claim, order confiscation or in the case of any article other than an intoxicant, hemp, mhowra flowers or molasses, give the owner the option to pay fine as the Court deems fit in lieu of confiscation: Provided that no animal, vessel, vehicle or other conveyance shall be confiscated, if the owner thereto satisfies the Court that he had exercised due care in preventing the commission of the offence.

Confiscation procedures must follow the Code of Criminal Procedure. When an offence under this Act has been committed and the offender is not known or cannot be found or when anything liable to confiscation under this Act is found or seized, the Commissioner, the Deputy Commissioner, or any other Officer authorised by the State Government in this behalf, may make an enquiry and if after enquiry is satisfied that an offence has been committed, may order the thing found to be confiscated: Provided that no such order shall be made before the expiry of one month from the date of seizure or without hearing any person who claims any right thereto and the evidence, if any, which he produces in support of his claim.

Confiscated items may be sold or destroyed. If the thing in question is liable to speedy and natural decay or if the Commissioner, Deputy Commissioner, Court or other officer authorised by the State Government in this behalf is of opinion that the sale would be for the benefits of the owner, the Commissioner, the Deputy Commissioner, Court or the officer may at any time direct it to be sold and the provisions of section 95 or section 96 shall be applied so far as may be to the net proceeds of the sale: Provided that in the case of any thing liable to speedy and natural decay, the officer concerned may order it to be destroyed, if in his opinion such order is expedient in the circumstances of the case.

Publications carrying prohibited ads are forfeitable. (1) Where any newspaper, news-sheet, book, leaflet, booklet or other publication, wherever printed or published, appears to the State Government to contain any advertisement or matter soliciting the use of or offering any intoxicant or hemp, the State Government may, by notification, declare every copy of such newspaper, news-sheet, book, leaflet, booklet or other publication whether printed or published in the State or outside to be forfeited to the State Government and thereupon any Police Officer may seize the same wherever found in the State. Any Magistrate may by warrant authorise any Police Officer not below the rank of a Sub-Inspector to enter upon and search for the same in any premises, where any copy of such issue or any such newspaper, news-sheet, book, leaflet, booklet or other publication may be or may be reasonably suspected to be. Every warrant issued under this section shall be executed in the manner prescribed for the execution of search warrants under the Code of Criminal Procedure, 1898. (2) The declaration of the State Government under this section shall be final and shall not be questioned in any Civil or Criminal Court.