The Abkari (Amendment) Act, 1969

Short title and commencement . —

1. (1) This Act may be called the Abkari (Amendment) Act, 1969.
2. (2) It shall come into force at once,

Substitution of new section for section 34 .—For section 34 of the Abkari Act 1 of 1077 (hereinafter referred to as the principal Act), the following section shall be substituted, namely:— "34. Offenders may be arrested and contraband liquor, vehicles, etc., seized without warrant .—

1. (1) Any officer of the Excise Department or the Police Department may arrest without warrant in any public thoroughfare or open place other than a dwelling house, any person found committing an offence punishable under section 15C or section 55 or section 57 or section 58, and in any such thoroughfare or public place may —
   • (a) seize and detain — i. any liquor or intoxicating drug. ii. Any material, still, utensil, implement or apparatus; iii. Any receptacle, package or covering; and iv. Any animal, cart, vessel or other conveyance, which he has reason to believe to be liable to confiscation under this Act;
   • (b) search any person, animal, cart, vessel or other conveyance, package, receptacle or covering upon whom or in or upon which he may have reasonable cause to suspect any such liquor or intoxicating drug to be, or to be concealed.
2. (2) If the officer making an arrest under sub-section
3. (1) is not empowered under section 5A to admit to bail, the person arrested shall forthwith be produced before an officer so empowered.
4. (3) It shall be the duty of the officer empowered under section 5A to admit such person to bail if sufficient bail is tendered for his appearance before an Abkari Officer having jurisdiction to inquire into the case.".

Amendment of section 55 I.—In sub-section

1. (2) of section 55 I of the principal Act, for the words, “ten thousand”, the words “fifty thousand” shall be substituted.

Insertion of new section 67B to 67H .—After section 67A of the principal Act, the following sections shall be inserted namely:— "67B. Confiscation by Abkari Officers in certain cases. —

1. (1) Notwithstanding anything contained in this Act or other law for the time being in force, where any liquor, intoxicating drug, materials, still, utensil, implement or apparatus or any receptacle, package or covering in such liquor, intoxicating drug, material, still, utensil, implement or apparatus is found or any animal, cart, vessel or other conveyance used in carrying the same is seized and detained under the provisions of this Act, the officer seizing and detaining such property shall, without any unreasonable delay, produce the same before an officer authorised by the Government in this behalf by notification in the Gazette, not being below the rank of an Assistant Excise Commissioner (hereinafter referred to as the authorised officer).
2. (2) Where an authorised officer seizes and detains any property specified in sub-section
3. (1) or where any such property is produced before an authorised officer under the sub-section and he is satisfied that an offence under this Act has been committed in respect of or by means of that property and that such property is liable to confiscation under this Act, such authorised officer may, whether or not a prosecution is instituted for the commission of such offence, order confiscation of such property and where such property consists of any receptacle or package, the authorized officer may also order confiscation of all contents thereof.
4. (3) When making an order of confiscation under sub-section (2), the authorized officer may also order that such of the properties to which the order of confiscation relates, which in his opinion cannot be preserved or are not fit for human consumption, be destroyed. 67C. Issue of show cause notice before confiscation under section 67B . —
5. (1) No order confiscating any property shall be made under section 67B unless the person from whom the same is seized— a. is given a notice in writing informing him of the grounds on which it is proposed to confiscate such property; b. is given an opportunity of making a representation in writing within such reasonable time as may be specified in the notice against the grounds of confiscation ; and c. is given a reasonable opportunity of being heard in the matter.
6. (2) Without prejudice to the provisions of sub-section
7. (1) no order confiscating any animal, cart, vessel other conveyance shall be made under section 67B if the owner of the animal, cart, vessel or other conveyance proves to the satisfaction of the authorised officer that it was used in carrying the liquor or intoxicating drug or the material, still, utensil, implement or apparatus or the receptacle, package or covering without the knowledge or connivance of the owner himself, his agent, if any, and the person in charge of the animal, cart, vessel or other conveyance and that each of them had taken all reasonable and necessary precautions against such use. 67D. Property not liable to confiscation to be returned to owner . —Where the authorised officer passes an order under section 67B that any property seized and detained by him or produced before him under that section is not liable to confiscation under this Act, he shall, after the expiry of thirty days from the date of such order, release such property to the person from whom it was seized : Provided that where the Commissioner has called for under section 67F the record of an order of the authorised officer such property shall be released only subject to the orders of the commissioner under that section. 67E. Appeal .—
8. (1) Any person aggrieved by any order passed under section 67B may, within thirty days from the date of communication to him of such order, appeal to an officer not below the rank of Deputy Commissioner of Excise authorized by the Government in this behalf by notification in the Gazette (hereinafter referred to as the appellate authority).
9. (2) On receipt of an appeal under sub-section (1), the appellate authority shall, after giving an opportunity to the appellate to be heard, if he so desires, and after making such further inquiry as may be necessary, pass such order as he thinks fit, confirming, modifying or annulling the order appealed against .
10. (3) An order of the appellate authority under sub-section
11. (2) shall, subject to the provisions of section 67F, be final and shall not be called in question in any court. 67F. Revision .—
12. (1) The Commissioner may, before expiry of thirty days from the date of an order passed under section 67B or section 67E, of his own motion, call for and examine the record of that order and may make such inquiry or cause such inquiry to be made and may pass such orders as he deems fit: Provided that the Commissioner shall not call for and examine the record of any order passed under section 67B if an appeal against such order is pending before the appellate authority: Provided further that no order prejudicial to a person shall be passed under this section without giving an opportunity of being heard.
13. (2) An order of the Commissioner under sub-section
14. (1) shall be final and shall not be called in question in any court. 67G. Award of confiscation not to interfere with other punishments .—The award of any confiscation under section 67B or section 67E of section 67F shall not prevent the infliction of any punishment to which any person is liable under this Act. 67H. Property confiscated when to vest in Government .—When an order for confiscation of any property has been passed under section 67B or section 67E or section 67F and such order has become final in respect of the whole or any portion of such property, such property or portion thereof, as the case may be, shall vest in the Government free from all encumbrances.”.

Amendment of section 58.—In section 58 of the principal Act, for the words "with fine which may extend to three thousand rupees or with imprisonment for a term, which may extend to six months, or with both" the words "with a fine which shall not be less than rupees fifteen thousand and with imprisonment for a term which may extend to one year" shall be substituted.

Insertion of new section 64A.—After section 64 of the principal Act, the following section shall be inserted, namely:— "64A. Penalty for allowing land, building, room, etc., for manufacture, sale or storing for sale of liquor or intoxicating drug.—Notwithstanding anything contained in this Act, or in any other law for the time being in force, any owner or occupier or person having control of, any land, building, room, space or enclosure, permits any person to use such land, building, room, space or enclosure for manufacture, sale or storing for sale of liquor or intoxicating drug in contravention of this Act or of any rule or order made thereunder or of any licence or permit obtained under this Act shall be punishable with fine which shall not be less than twenty-five thousand rupees unless he proves to the satisfaction of the court that all due and reasonable precautions were taken by him to prevent such use.".

Amendment of section 67.—For section 67 of the principal Act, the following section shall be substituted, namely:— "67. Power to compound offences.—Any Abkari Officer specially empowered in that behalf may accept from any person,—

1. (a) whose licence or permit is liable to be cancelled or suspended under clauses
2. (a) end
3. (b) of section 26 or who is reasonably suspected of having, committed an offence under clause

1. (2) of section 55, sections 56, 57 or 63, a sum of money not less than ten thousand rupees; and
   • (b) whose licence or permit is liable to be cancelled or suspended under clause
   • (bb) of section 26 or who is reasonably suspected of having committed an offence under clause
2. (1) of section 55 or sections 58 or 64A, a sum of money not less than twenty-five thousand rupees, 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. On the payment of such sum of money to such officer, the accused person, if in custody, shall be discharged and no further proceedings shall be taken against such person.".

Amendment of section 67A.—In section 67A of the principal Act,—

1. (a) in sub-section

1. (1) for the words "not exceeding two thousand rupees" the words, "of rupees five thousand" shall be substituted;
   • (b) to sub-section (1), the following proviso shall be added, namely:— " Provided that if the holder of such licence or permit sells or stores for sale liquor in any premises, other than the licensed premises; such penalty shall not be less than twenty-five thousand rupees.".

Substitution of section 40.—For section 40 of the principal Act, the following section shall be substituted, namely:- "40. Procedure on arrest and seizure.-(1)

1. (a) Any officer arresting a person under section 31. section 34 or section 35 shall inform him of the grounds for such arrest.
2. (b) Where an Abkari Officer arrests without warrant any person other than a person suspected of, or accused of, any non-bailable offence under this Act, such officer shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf.

1. (2) Every person arrested under section 30 shall be produced before, and the article seized under that section shall be forwarded to, without unnecessary delay, the Magistrate or the Commissioner, as the case may be, by whom the warrant was issued.
2. (3) Every person arrested under section 31 or section 34 or section 35 shall be produced before, and articles seized under section 31 or section 34 shall be forwarded to, without unnecessary delay,--
   • (a) to the officer in chare of the nearest Police Station; or
   • (b) to the officer empowered under section 5A, or to the Abkari Inspector.
3. (4) The authority or officer before whom any person is produced under sub-section
4. (2) or sub-section
5. (3) shall, take expeditious steps as provided in section 41.
6. (5) The authority or officer to whom any article is forwarded under sub-section
7. (2) or sub-section
8. (3) shall, with all convenient despatch, take necessary steps in accordance with law for disposal of such article."

Substitution of section 41.-For section 41 of the principal Act, the following sections shall be substituted, namely:- "41. Disposal of persons arrested.—(1) Where any person accused of, or suspected of, the commission of an offence punishable with imprisonment which may not extend to three years under this Act is arrested or brought in accordance with the provisions of section 40, he may be released on bail, if sufficient bail be tendered for his appearance before the concerned Abkari Inspector or the Magistrate, as the case may be.

1. (2) Where a person accused of, or suspected of the commission of an offence punishable with imprisonment which may extend to three years or more under this Act is arrested or brought in accordance with the provisions of section 40, he shall without any delay be produced before the Magistrate, who shall take such measures as may be necessary to proceed against such person in accordance with the provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974). 41A. Offences to be cognizable and non-bailable.-(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974),-
   • (a) every offence punishable under this Act shall be cognizable;
   • (b) no person accused of an offence punishable for a term of imprisonment of three years or more under this Act shall be released on bail or on his own bond unless—
     • (i) the Public Prosecutor or the Assistant Public Prosecutor, as the case may be, has been given an opportunity to oppose the application for such release, and
     • (ii) where the Public Prosecutor or the Assistant Public Prosecutor, as the case may be, opposes the application, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.
2. (2) The limitations on granting of bail specified in clause
   • (b) of sub-section
3. (1) are in addition to the limitations under the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), or any other law for the time being in force on granting of bail.”.

Amendment of section 34.—In section 34 of the principal Act, for the words and figures "section 15C or section 55 or section 57 or section 58" the words and figures "section 8 or section 15C or section 55 or section 55B of section 56A or section 57 or section 58 or section 58A or section 58B" shall be substituted.

Insertion of new section 54A.—After section 54 of the principal Act, the following section shall be inserted, namely:— "54A. Bar of certain proceedings. —(1) No suit, prosecution or other proceeding shall lie against any Abkari officer or servant of the Government for any Act done or purporting to be done under this Act, without the previous sanction of the Government.

1. (2) No officer or servant of the Government shall be liable in res pect of any such act in any civil or criminal proceeding, if the act was done in good faith in the course of the execution of duties or the discharge of functions imposed by or under this Act.".

Insertion of new section 55 A.—After section 55 of the principal Act, the following section shall be inserted, namely:— "55A. Magistrates of First Class to have power to impose penalties for certain offences. —Notwithstanding anything contained in sub-section

1. (2) of section 29 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), it shall be lawful for a Magistrate of the First Class to pass the sentence mentioned in sections 55, 58 and 64A, for any offence referred to in those sections in exercise of his powers under sub-section
2. (2) of section 29 of the said Code.".

Amendment of section 55.—In section 55 of the principal Act,--

1. (a) the words, “or of any licence or permit obtained under this Act” shall be omitted;
2. (b) for the words “shall on conviction before a Magistrate to be punished” the words “shall be punishable” shall be substituted;
3. (c) in clause

1. (1) for the words “two years and with fine which shall not be less than twenty-five thousand rupees; and” the words “ten years and with fine which shall not be less than rupees one lakh, and” shall be substituted.

Omission of section 55A.—Section 55A of the principal Act shall be omitted.

Amendment of section 55B.-In section 55B of the principal Act, for the words “on conviction before a Magistrate, be liable to imprisonment for a term which may extend to six months or with fine which may extend to three thousand rupees”, the words “on conviction before a competent court be liable to imprisonment for a term which may extend to five years and with fine which shall not be less than twenty-five thousand rupees” shall be substituted.

Amendment of section 56.—In section 56 of the principal Act, clause

1. (c) shall be omitted.

Amendment of section 56A.-In section 56A of the principal Act,-

1. (a) in sub-section (1), in clause (b), for the words “on conviction before a Magistrate, be punished with imprisonment for a term which may extend to six months or with fine which may extend to three thousand rupees or with both, the words “on conviction before a competent court, be punished with imprisonment for a term which may extend to five years and with fine which shall not be less than fifty thousand rupees” shall be substituted;
2. (b) in sub-section (2), for the words “five hundred rupees”, words “five thousand rupees” shall be substituted.

Amendment of section 57.—In section 57 of the principal Act, for the words “on conviction before a Magistrate, be punished for each such offence with imprisonment for a term which may extend to six months, or with fine which may extend to three thousand rupees or with both”, the words “on conviction before a competent court, be punished for each such offence with imprisonment for a term which may extend to five years or with fine which may extend to fifty thousand rupees or with both” shall be substituted.

Amendment of section 58.-In section 58 of the principal Act, for the words “shall on conviction before a Magistrate be punished with fine which shall not be less than rupees fifteen thousand and with imprisonment for a term which may extend to one year”, the words “shall be punishable with imprisonment for a term which may extend to ten years and with fine which shall not be less than rupees on lakh” shall be substituted.

Amendment of section 58A.-In section 58A of the principal Act, for the words “on conviction before a Magistrate, be punished with imprisonment for a term which may extend to six months or with fine which may extend to three thousand rupees, or with both”, the words “on conviction before a competent court be punished with imprisonment which may extend to five years or with a fine which may extend to fifty thousand rupees or with both” shall be substituted.

Amendment of section 58B.—In section 58B of the principal Act for the words “on conviction before a Magistrate, be punished with imprisonment for a term which may extend to one year or with fine which may extend to three thousand rupees or with both”, the words “on conviction before a competent court, be punished with imprisonment for a term which may extend to three years and with fine which may extend to twenty-five thousand rupees” shall be substituted.

Amendment of section 59.—In section 59 of the principal Act, for the words “on conviction before a Magistrate, be punished for each such offence with fine which may extend to five hundred rupees or with imprisonment for a term which may extend to six months or with both”, the words “on conviction before a competent court be punished for each such offence with imprisonment for a term which may extent to three years or with fine which may extend to twenty-five thousand rupees or with both” shall be substituted.

Amendment of section 60.—In section 60 of the principal Act for the words “on conviction before a Magistrate, be punished with fine which may extend to two hundred rupees”, the words “on conviction before a competent court be punished with fine which may extend to ten thousand rupees or with imprisonment for a term which may extend to one year or with both” shall be substituted.

Amendment of section 61.—In section 61 of the principal Act for the words “on conviction before a Magistrate, for every such offence, be punished with fine which may extend to five hundred rupees, or with imprisonment for a term which may extend to six months or with both,” the words “on conviction before a competent court, for every such offence, be punished with fine which may extend to twenty-five thousand rupees or with imprisonment for a term which may extend to three years or with both” shall be substituted.

Amendment of section 63.-In section 63 of the principal Act, for the words “which may extend to two thousand rupees”, the words “which may extend to five thousand rupees or with imprisonment for a term which may extend to two years or with both” shall be substituted.

Amendment of section 64.—In section 64 of the principal Act,--

1. (a) for the words and figures “section 55”, the words and figures, “section 55, section 55B, section 56A, section 57, section 58, section 58A and section 58B” and for the words and figures “section 55 or section 56 or section 57 or section 58”, the words and figures “section 8 or section 55 or section 55B or section 56 or 56A or section 57 or section 58 or section 58A or section 58B” shall, respectively, be substituted;
2. (b) the proviso shall be omitted.

Omission of section 67.- Section 67 of the principal Act shall be omitted.

Omission of section 67A.-Section 67A of the principal Act shall be omitted.

Amendment of section 68.-In section 68 of the principal Act, for the words and figures “Code of Criminal Procedure, 1898”, the words, figures and brackets “Code of Criminal Procedure, 1973 (Central Act 2 of 1974) shall be substituted

Repeal and Saving.-(1) The Abkari (Amendment) Ordinance, 1997 (13 of 1997), is hereby repealed.

1. (2) Notwithstanding such repeal, anything done or deemed to have been done or any action taken or deemed to have been taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act, as amended by this Act.