7. Amendment of section 8.

In section 8 of the principal Act in sub-section (1), after the words "shall be punished" occurring after clause (k), for the clauses (i), (ii) and the proviso after it, the following shall be substituted, namely: — "(i) in the case of an offence falling under clause (f) or an offence falling under clause (k) in so far as it relates to an act specified in the clause aforesaid, with imprisonment for a term which may extend to two years and with fine which may extend to five thousand rupees, but in the absence of special and adequate reasons to the contrary to be mentioned in the judg ment of the court— (A) such imprisonment shall not be less than six months and such fine shall not be less than one thousand rupees for a first offence; (B) such imprisonment shall be rigorous and shall not be less than one year and such fine shall not be less than two thou sand rupees for a second and subsequent offences; (ii) in the case of an offence falling under clause (b), clause (h) or clause (i) or an offence falling under clause (k) in so far as it relates to an act specified in any of the clauses afore said, with imprisonment for a term which may extend to two years and with fine which may extend to five thousand rupees, but in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court— (A) such imprisonment shall not be less than three months and such fine shall not be less than five hundred rupees for a first offence; (B) such imprisonment shall be rigorous and shall not be less than one year and such fine shall not be less than two thousand rupees for a second and subsequent offences; (iii) in any other case, with imprisonment for a term which may extend to one year or with fine which may extend to two thousand rupees or with both, but in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court— (A) such imprisonment shall not be less than three months and such fine shall not be less than five hundred rupees for a first offence; (B) such imprisonment shall be rigorous and shall not be less than six months and such fine shall not be less than one thousand rupees for a second and subsequent offences; Provided that nothing contained in this sub-section apply— (i) to any act done under, and in accordance with provisions of this Act or the terms of any rule, notification, order, licence or permit issued thereunder, or (ii) to the possession, sale, purchase, use or consumption of duty-paid medicinal or toilet preparations for bona fide medici nal or toilet purposes.” For section 10 of the principal Act, the following section shall be substituted namely: — "10. Punishment for rendering or attempting to render de natured spirits fit for human consumption.—Whoever renders or attempts to render fit for human consumption any spirits or prep aration containing spirit, whether manufactured in the state or not, which has been denatured or any preparation containing such spirit or has in his possession, any spirit or preparation containing spirit in respect of which he knows or has reason to believe that any such attempt has been made, shall be punished with imprisonment for a term which may extend to two years and with fine which may extend to five thousand rupees, but in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the court— (i) such imprisonment shall not be less than six months and such fine shall not be less than seven hundred and fifty rupees for a first offence; (ii) such imprisonment shall not be less than nine months and such fine shall not be less than one thousand rupee second offence; and (iii) such imprisonment shall not be less than. one year and such fine shall not be less than one thousand five hundred rupees for a third and subsequent offences. For the purpose of this section it shall be presumed until the contrary is proved, that any spirit or preparation containing spirit which is proved on chemical analysis to contain any quantity of any of the prescribed denaturants is or contains or has been derived from denatured spirit."