Penalty for illegal cultivation and collection of hemp and other matters

(1) Whoever in contravention of the provisions of this Act, or of any rule regulation or order made, or of any licence, permit, pass or authorization issued, thereunder— (b) consumes, uses, possesses or transports any intoxicant other than opium, or hemp, (c) taps or permits to be tapped any toddy producing tree, (d) draws or permits to be drawn toddy from any tree, (e) enters the territory of the State in an intoxicated condition or under the influence of an intoxicant (other than opium) or hemp, after having consumed such intoxicant or hemp at any place outside the State, 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 one thousand rupees; (ii) for a second offence, with imprisonment for a term which may extend to two years and with fine which may extend to two thousand rupees; (iii) for a third or subsequent offences, with imprisonment for a term which may extend to two years and with fine which may extend to two thousand rupees. (2) Subject to the provisions of sub-section (3), where in any trial of an offence under clause (b) of sub-section (1) for the consumption of an intoxicant or in any trial of an offence under clause (e) of sub-section (1) for entry in the territory of the State after consumption of an intoxicant or hemp at any place outside the State, 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., weight in volume, then the burden of proving that the liquor consumed was a medicinal preparation consumed in quantity not in excess of normal dose as defined in section 24-1A or that the liquor consumed was a 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 the Act or any rules, regulations or orders made thereunder, shall be upon the accused person, and the Court shall in the absence of such proof presume the contrary. (3) The provisions of sub-section (2) shall not apply to the consumption of any liquor— (a) by in-door patients during the period they are being treated in any hospital, convalescent home, nursing home, or dispensary, maintained or supported by Government or a local authority, or by charity, or (b) by such other persons, in such other institutions, or in such circumstances as may be prescribed.