Penalty for opening, etc., of common drinking house

Whoever— (a) opens, keeps or uses any place as a common drinking house; or (b) has the care, management or control of, or in any manner assists in conducting the business of any place opened, kept or used as a common drinking house, shall, on conviction, be punished for each such offence with imprisonment for a term which may extend to three years and also with fine: Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court. (i) for a first offence, such imprisonment shall not be less than six months, and fine shall not be less than five hundred rupees; (ii) for a second offence, such imprisonment shall not be less than nine months, and fine shall not be less than one thousand rupees; (iii) for a third or subsequent offences, such imprisonment shall not be less than one year and fine shall not be less than one thousand rupees.