Chapter VII Offences and penalties.

Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made or of any licence, pass, permit or authorization granted thereunder-

1. (a) 1[imports or exports or transports any intoxicant] 2[(other than opium)] or hemp,
2. (b) manufactures any intoxicant 3[(other than opium)],
3. (c) constructs or works any distillery or brewery,
4. (d) bottles liquor,
5. (e) 4[sells or buys or possesses any intoxicant] 5[(other than opium)] or hemp, or
6. (f) uses, keeps or has in his possession any materials, still, utensils, implements or apparatus for the purpose of manufacturing any intoxicant] 6[(other than opium)]. 7[(g) cultivates or collects hemp,] 8[shall, on conviction, be punished for each such offence 9[with imprisonment for a term which shall not be less than three years but which may extend to five years or with fine which shall not be less than twenty-five thousand rupees but which may extend to fifty thousand rupees or with both]. 10* * *

1[(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- 2* * * * * *

1. (b) 3[consumes or uses any intoxicant] 4[(other than opium)] or hemp,
2. (c) taps or permits to be tapped any toddy producing tree,
3. (d) draws or permits to be drawn toddy from any tree, 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 5[ten thousand rupees] : Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than 6[five thousand rupees[;
   • (ii) for second offence, with imprisonment for a term which may extend to two years and with fine which may extend to 7[twenty thousand rupees] : Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than six months and fine shall not be less than 8[ten 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 9[twenty thousand rupees] : Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than nine months and fine shall not be less than 10[ten thousand rupees]. 11[(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, 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 12[not less than 0.05 per cent. weight in volume] 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 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.

1[66A. Penalty for illegal import, etc., of opium.-Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made thereunder or of any licence, pass, permit or authorisation granted by or under this Act, imports, exports, transports, consumes, uses, possesses, sells or buys opium, 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 judgement of the Court,-

1. (i) for a first offence, such imprisonment shall not be less than six months; and fine shall not be less than five hundred rupees;
2. (ii) for a second offence, such imprisonment shall not be less than nine months, and fine shall not be less than one thousand rupees;
3. (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.]

1[(1) Whoever in contravention of section 21 alters or attempts to alter any denatured spirit or has in his possession any spirit in respect of which he knows or has reason to believe that any such alteration or attempt has been made shall, on conviction, be punished 2[with imprisonment for a term which shall not be less than three years but which may extend to five years or with fine which shall not be less than twenty-five thousand rupees but which may extend to fifty thousand rupees or with both.] 3* * * * * * 4[(2) In prosecution under this section, it shall be presumed, until the contrary is proved, that the alteration or attempt to alter any denatured spirit was done, with the intention that such spirit may be used for human consumption as, an intoxicating liquor.]

1[67-1B. Penalty for contravention of provision regarding prescriptions.-Whoever-

1. (a) not being registered medical practitioner issues a prescription for intoxicating liquor, or
2. (b) being a registered medical practitioner-
   • (i) prescribes intoxicating liquor in contravention of the provisions of sub-section (2) of section 22A, or
   • (ii) fails, without reasonable excuse, to state in the prescription for intoxicating liquor the particulars required by that section to be stated therein, or
   • (iii) fails to preserve such prescription, or a copy thereof, for the period for which it is required by that section to be preserved, shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to 3[ten thousand rupees] or with both.]

1[67A. Penalty for manufacturing 2[articles mentioned in section 24A] in contravention of the provisions of section 59A.- (1) Whoever in contravention of the 3[provisions of section 59AA or, as the case may be, of section 59A]- 4[(1a) manufactures, imports or exports any article mentioned in section 24A, or]

1. (a) sells, uses or disposes of any liquor otherwise than as an ingredient of any 5[article mentioned in section 24A], or
2. (b) uses more alcohol in the 6[manufacture of any of the articles mentioned in section 24A] than the quantity necessary for extraction or solution of the elements contained therein and for the preservation of such 7[article], or
3. (c) knowingly sells 8[any such article] for being used as an intoxicating drink, or sells any such article under circumstances from which he might reasonably reduce the intention of the purchaser to use them for such purpose, shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine 9[which may extend to ten thousand rupees] or with both.

1. (2) No person who has been convicted for any offence under this section or has paid any sum of money under section 104 10[by way of composition] for such offence shall be entitled to manufacture, import or to sell any 11[article mentioned in section 24A] for a period of one year from the date of such conviction or payment, and any person who imports, manufactures or sells any 12[such article] in contravention of this sub-section shall be liable to the same punishment as is provided for an offence punishable under section 65.

1[Penalty for failure to satisfy the 2[Commissioner] under sub-section (1), or to comply with a requisition under sub-section (2) of section 59B.-]3[(1)] If the manufacturer of any of the articles mentioned in section 24A fails to show to the satisfaction of the 4[Commissioner] that the article corresponds to the description and limitation provided in section 59A, his licence for the purchase, use or possession of liquor or alcohol for the manufacture of such article shall be revoked. 5[(2) Any person who fails to comply with any requisition made by the 6[Commissioner] under sub-section (2) of section 59B, shall on conviction be punished with imprisonment for a term which may extend to one year or with fine 7[which may extend to ten thousand rupees] or with both.]]

1[67C. Penalty for possessing etc., denatured spirituous preparations in contravention of provisions of sections 59C and 59D.- Whoever,-

1. (a) in contravention of the provisions of section 59C, possesses, without permit, any denatured spirituous preparation in excess of the quantity prescribed under that section, or
2. (b) in contravention of the provisions of section 59D, manufacturers, sells, bottels for sale or imports, exports or transports, any denatured spirituous preparation, or
3. (c) drinks any denatured spirituous preparation, 8[shall, on conviction, be punished with imprisonment for a term which shall not be less than three years but which may extend to five years or with fine which shall not be less than twenty-five thousand rupees but which may extend to fifty thousand rupees or with both.]

Whoever,-

1. (a) opens, keeps or uses any place as a common driking house; or
2. (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 driking house, 1[shall, on conviction, be punished with imprisonment for a term which shall not be less than three years but which may extend to five years or with fine which shall not be less than twenty-five thousand rupees but which may extend to fifty thousand rupees or with both.]

Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made or licence, permit or pass granted thereunder, imports, exports, 1[collects], transports, sells, 2[buys] or has in his possession mhowra flowers 3[shall, on conviction, be punished with imprisonment for a term which may extend to two years or with fine which may extend to fifty thousand rupees or with both :] 4[Provided that] no person shall be punished in respect of any mhowra flowers which are either growing on a tree or are lying uncollected on the ground as have fallen from a tree.

Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made or of any licence or permit granted thereunder, exports, imports, transports, sells or has in his possession molasses shall, on conviction, be punished with 1[imprisonment for a term which shall not be less than three years but which may extend to five years or with fine which shall not be less than twenty-five thousand rupees but which may extend to fifty thousand rupees or with both.]

[Penalty for selling molasses at price exceeding fixed price.] Deleted by Bom. 26 of 1952, s. 33.

1[72. Penalty for removal of intoxicant, etc.- Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made, or pass granted, thereunder, removes any intoxicant, hemp, mhowra flowers or molasses from any distillery, warehouse, godowns or other place of storage established or licensed under this Act, shall, on conviction, be punished with imprisonment for a term which 2[shall not be less than three years but which may extend to five years or with fine which shall not be less than twenty-five thousand rupees but which may extend to fifty thousand rupees or with both.]

Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made thereunder, prints, or publishes in any newspaper, newssheet, book, leaflet, booklet or any single or periodical publication or otherwise displays or distributes any advertisement or other matter-

1. (a) which 1* * * solicits the use of or offers any intoxicant or hemp, or
2. (b) which is calculated to encourage or incite any individual or class of individuals or the public generally to commit an offence under this Act, or to commit a breach of or to evade the provisions of, any rule, regulation or order made thereunder or of the conditions of a licence, permit, pass or authorization granted thereunder, shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to 2[five thousand rupees] or with both.

Whoever, in contravention of a notification issued under sub-section (3) of section 24, circulates, distributes or sells any newspaper, news-sheet, book, leaflet, booklet or other publication printed and published outside the 1[State] which contains any advertisement or matter-

1. (a) which 2* * solicits the use of or offers any intoxicant or hemp, 3[or ].
2. (b) which is calculated to encourage or incite any individual or class of individuals or the public generally to commit any offence under this Act, or to commit a breach of or to evade the provisions of any rule regulation or order made thereunder or the conditions of any licences, permit, pass or authorization granted thereunder, shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to 4[ten thousand rupees or with both.]

Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made thereunder,-

1. (a) 1* * * solicits the use of or offers any intoxicant or hemp, or 2* * * * * * *
2. (c) does any act which is calculated to incite or encourage any individual or a class of individuals or the public generally to commit an offence under this Act or to commit a breach of any rule, regulation or order made or of conditions of a licence, permit, pass or authorization granted thereunder, shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to 3[ten thousand rupees] or with both.

1[75A. Penalty for contravention of provisions of section 43.- Whoever in contravention of the provisions of section 43,-

1. (a) drinks in a public place 2* ** (b)3* * *
2. (c) serves liquor at any ceremonial or other function or any assembly of persons where persons (not being members, of his family or his employees) not holding permits under section 40, 41, 46A or 47 are present, shall, on conviction, be punished for every such offence with imprisonment which may extend to six months or with fine which may extend to 4[ten thousand rupees] or with both.].

Whoever, in contravention of the provisions of this Act, rule or regulation or order or condition of any licence, permit or pass granted under this Act,-

1. (a) neglects to supply himself with measures and weights for measuring and weighing any intoxicant or hemp or with instruments for testing the strength of liquor or keep the same in good condition, or
2. (b) refuses to measure, weigh, or test any intoxicant or hemp in his possession 1[or to have it weighed measured or tested], shall, on conviction, be punished for every such offence with fine which may extend to 2[two thousand rupees].

Whoever, being the holder of a licence, permit, pass or authorization granted under this Act or a person in the employ of such holder or acting with his express or implied permission on his behalf-

1. (a) fails to produce licence, permit, pass or authorization on demand by a Prohibition Officer or any other officer duly empowered if such licence, permit, pass or authorization is in his possession or control, or
2. (b) wilfully does or omits to do anything in contravention of any rule, regulation or order made under this Act, or 1* * * * * * * shall, on conviction, be punished for each offence with imprisonment for a term which may extend to 2[six] months or with fine which may extend to 3[five thousand rupees] or with both.

Whoever, being the holder of a licence for the sale or manufacture of any intoxicant under this Act, or a person in the employ of such holder or acting with his express or implied permission on his behalf-

1. (a) mixes or permits to be mixed with the said intoxicant any noxious drug or any foreign ingredient likely to add to the actual or apparent intoxicating quality or strength or any article prohibited by any rule made under this Act or water except for the purpose of reducing liquor to the strength prescribed in the licence, or any diluting or colouring substance or any ingredient whatsoever likely to render the intoxicant inferior in quality whether such ingredient is or is not prohibited as aforesaid, when of such admixture, shall not amount to the offence of adulteration under section 272 of the Indian Penal Code (XLV of 1860), or
2. (b) sells or keeps or exposes for sale as foreign liquor, which liquor he knows or has reason to believe to be country liquor, or
3. (c) marks the cork of any bottle, or any bottle, case, package or other receptacle containing country liquor, or uses any bottle, case, package or other receptacle containing country liquor, with any mark thereon or on the cork thereof with the intention of causing it to be believed that such bottle, case, package or other receptacle contains foreign liquor, when such act shall not amount to an offence of using a false trade mark with intent to deceive or injure any person under section 482 of the Indian Penal Code (XLV of 1860), or
4. (d) sells any intoxicant which is not of the nature, substance and quality or other receptacle, with any mark thereon or on the cork thereof with the intention of causing it to be believed, that such bottle, case, package or other receptacle contains foreign liquor, when such act shall not amount to the offence of selling goods marked with a counterfeit trade mark under section 486 of the Indian Penal Code (XLV of 1860), or
5. (e) sells any intoxicant which is not of the nature, substance and quality demanded by the purchaser or keeps or exposes for sale any intoxicant which is not of the nature, substance and quality authorised by the terms of the licence to be kept for sale by the holder of the licence, shall, on conviction, be punished for each such offence with imprisonment for a term which may extend to 1[one year and with fine which may extend to ten thousand rupees].

The holder of a licence, permit, pass or authorisation granted under this Act shall be responsible, as well as the actual offender, for any offence committed by any person in his employ or acting with his express or implied permission on his behalf under the provisions of this Act as if he himself had committed the same, unless he shall establish that all due and reasonable precautions were exercised by him to prevent the commission of such offence : 1* * *

1. (1) Whenever any intoxicant, hemp, mhowra flowers or molasses are manufactured, imported, exported, transported, sold, or are possessed by any person on account of any other person and such other person knows or has reason to believe that such manufacture, import, export, transport, sale or possession is, on his account, the intoxicant, hemp, mhowra flowers or molasses, as the case may be, shall, for the of purposes of this Act, be deemed to have been manufactured, imported, exported, transported or sold by or to be in possession of, such other person.
2. (2) Nothing in sub-section (1) shall absolve any person from liability to any punishment under this Act for the unlawful manufacture, import, export, transport, sale or possession of such articles.

Whoever attempts to commit or abets the commission of an offence under this Act shall, on conviction, be punished for such attempt or abetment with the same punishment as is provided for the principal offence.

1. (1) In the event of any breach by the holder of any licence, permit, pass or authorisation granted under this Act or by his servants or by any person acting with his express or implied permission on his behalf of any of the terms or conditions of such licence, permit, pass or authorisation such holder shall, in addition to the cancellation or suspension of the licence, permit, pass or authorisation granted to him be punished, on conviction, with imprisonment for a term which may extend to six months or with fine which may extend to 1five thousand or with both, unless it is proved that all due and reasonable precautions were exercised by him to prevent any such breach.
2. (2) Any person who commits any such breach shall, whether he acts with or without the permission of the holder of the licence, permit, pass or authorisation be liable to the same punishment.

When two or more persons agree-

1. (a) to commit or cause to be committed any offence under this Act, or
2. (b) 1* * * * to commit a breach or a condition of a licence, permit, pass or authorization, each of such persons shall, on conviction, be punished with 2[imprisonment for a term which shall not be less than three years but which may extend to five years or with fine which shall not be less than twenty-five thousand rupees but which may extend to fifty thousand rupees] or with both.

Whoever is found drunk or drinking in a common drinking house or is found there present for the purpose of drinking shall, on conviction, be punished with fine which may extend to 1[five thousand rupees]. Any person found in a common drinking house during any drinking therein shall be presumed, until the contrary is proved, to have been there for the purpose of drinking.

1[(1) Whoever in any street or thoroughfare or public place or in any place to which the public have or are permitted to have access, behaves in a disorderly manner under the influence of drink shall, on conviction, be punished,-

1. (a) for a first offence, with rigorous imprisonment for a term which may extend to six months and with fine which may extend to 2[ten thousand rupees] : Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than three months and fine shall not be less than 3[five thousand rupees]; and
2. (b) for a subsequent offence, with rigorous imprisonment for a term which may extend to one year and also with a fine of 4[ten thousand rupees]: Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than six months and fine shall not be less than 5[seven thousand five hundred rupees]. 6[(2) In prosecution for an offence under sub-section (1), it shall be presumed until the contrary is proved that the person accused of the said offence has drunk liquor or consumed any other intoxicant for the purpose of being intoxicated and not for a medicinal purpose.]

1. (1) Whoever, being the owner or occupier or having the use or care or management or control of any place, knowingly permits it to be used for the purpose of the commission by any other person of any offence punishable under this Act, shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to 1[ten thousand rupees] or with both; Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, the imprisonment shall not be less than three months and fine shall not be less than 2[five thousand rupees]. 3[(2) Any owner who has leased out his premises to be used by other person under any agreement shall not be held responsible for an offence under sub-section (1) committed by the tenant in the premises in his possession, unless it is proved that the owner is actively involved in the commission of such offence.]

A chemist, druggist, apothecary or keeper of a dispensary who allows any liquor, which has not been bona fide medicated for medicinal purposes according to the prescription of a 1[registered medical practitioner] or any intoxicating drug to be consumed on his business premises by any person, shall, on conviction, be punished with imprisonment for a term which may extend to six months, or with fine which may extend to 2[ten thousand rupees] or with both.

If a 1[registered medical practitioner] issues a prescription with the intention that such prescription shall be used by the person to whom it is issued for the purpose of consuming liquor, intoxicating drug or opium in contravention of the provisions of this Act, or rule, regulation or order made thereunder or any licence, permit, pass or authorization granted under this Act, he shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to 2[ten thousand rupees] or with both.

Any person who maliciously and falsely gives information to any person exercising powers under this Act leading to a search, seizure, detention or arrest shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to 1[ten thousand rupees] or with both.

Whoever is guilty of any wilful act or intentional omission in contravention of the provisions of this Act, or any rule, regulation, or order thereunder or of any licence, permit, pass or authorization granted under this Act, and if such act or omission is not otherwise made an offence under this Act shall, on conviction, be punished with the imprisonment for a term which may extend to six months or with fine which may extend to 1[five thousand rupees] or with both.

1. (1) Whenever any person is convicted of an offence punishable under this Act, the Court convicting such person, may, at the time of passing the 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. (2) The bond shall be in such form as may be provided under the provisions of the Code of Criminal Procedure, 11898 (V of 1898), and the provisions of the said Code shall in so far as they are applicable apply to all matters connected with such bond if it were a bond to keep the peace ordered to be executed under section 106 of the said Code.
3. (3) If the conviction is set aside in appeal the bond so executed shall become void.

[Release of offenders on bond.] Deleted by Bom. 67 of 1953, s. 2

1. (1) Whenever a 1[Presidency Magistrate specially empowered by the State Government in this behalf in 2Greater Bombay and elsewhere, a District Magistrate or Sub-Divisional Magistrate] receives information that any person within the local limits of his jurisdiction habitually commits or attempts to commit or abets the commission of any 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. (2) The provisions of the Code of Criminal Procedure, 1898 (V of 1898), 3shall in so far as they are applicable apply to any proceedings under sub-section (1) as if the bond referred to therein were a bond required to be executed under section 110 of the said Code.

If any person in respect of whom a bond is ordered to be executed under 1[sections 91 and 93] is a minor, the bond shall be executed by his guardian.

Any officer or person exercising powers under this Act who-

1. (a) maliciously enters or searches or causes to be entered or searched, any building or house or similar dwelling place; or
2. (b) vexatiously and unnecessarily seizes the property of any person on the pretence of seizing or searching for anything liable to confiscation under this Act; or
3. (c) vexatiously and unnecessarily detains, searches or arrests any person, or
4. (d) in any other way maliciously exceeds or abuses his lawful powers, shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine which may extend to 1[ten thousand rupees] or with both.

1[96. Punishment for vexatious delay.- Any officer or person exercising powers under this Act who vaxatiously and unnecessarily delays forwarding to a Magistrate or to the officer-in-charge of the nearest police station as required by the provisions of this Act any person arrested or article seized under this Act shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine which may extend to 2[ten thousand rupees] or with both.]

Any officer or person exercising power under this Act, who-

1. (a) unlawfully releases any person arrested under this Act, or
2. (b) abets the escape of any person arrested under this Act, or
3. (c) abets the commission of any offence against this Act, and any other officer of the 1[Government] or of a local authority who abets the commission of any offence against this Act, 2[shall, on conviction, be punished,-
   • (i) if such act is done intentionally, with imprisonment for a term which may extend to thirty months or with fine which may extend to twenty-five thousand rupees or with both; or
   • (ii) if such act is done negligently, with imprisonment for a term which may extend to two years or with fine which may extend to ten thousand rupees or with both.]

1. (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 attempted to import, export or transport any intoxicant, hemp, mhowra flowers or molasses, in contravention of the provisions of this Act, rule, regulation or order or in breach of a condition of a licence, permit, pass or authorization, the whole quantity of such intoxicant, hemp, mhowra flowers or molasses which he has attempted to import, export or transport,
   • (d) 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. (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 carts, vessels or other conveyances used in carrying any such article shall like-wise be liable to confiscation by the order of the Court.

When during the trial of a case for an offence under this Act the Court decides that anything is liable to confiscation under the foregoing section, 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 an option to pay fine as the Court deems fit in lieu of confiscation : Provided that no animals, cart, vessel, vehicle or other conveyance shall be confiscated if the owner thereof satisfies the Court that he had exercised due care in preventing the commission of the offence.

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 1[Commissioner], Collector or any other officer authorised by the 2[State] Government in this behalf may make an inquiry and if after such inquiry 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 3[the person, if any, claiming any right thereto] and the evidence, if any, which he produces in support of his claim.

If the thing in question is liable to speedy and natural decay, or if the 1[Commissioner], Collector, 2[Court] or the officer authorized by the 3[State] Government in this behalf is of opinion that the sale would be for the benefit of the owner, the 4[Commissioner], Collector, 5[Court] or the officer may at any time direct it to be sold and the provisions of section 99 or 100 shall apply so far as may be to the net proceeds of the sale: 6[Provided that, where anything is liable to speedy and natural decay, or is of trifling value, the Court, or the officer concerned may order such thing to be destroyed, if in its or his opinion such order is expedient in the circumstances of the case.]

102. Forfeiture of any publication containing advrtisement or matter 1[soliciting] use of intoxicants.- (1) Where any newspaper, news-sheet, book, leaflet or other publication wherever printed or published appears to the 2[State] Government to contain any advertisement or matter 3* soliciting the use of, or offering any intoxicant or hemp, the 4[State[ Government may, by notification in the Official Gazette, declare every copy of such newspaper, news-sheet, book, leaflet, booklet or other publication whether printed or published in the 5[State] or outside to be forfeited to 6[the State Government], and thereupon any Police Officer may seize the same wherever found in the 7[State]. Any Magistrate may by warrant authorize any Police Officer not below the rank of 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 provided for the execution of search warrants under the Code of Criminal Procedure, 1898 (V of 1998)8*.

1. (2) The declaration of the 9[State] Government under this section shall be final and shall not be questioned in any Civil or Criminal Court.

1. (i) 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, committted 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 1* * * * 2[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 satisfactorily. 3* *

[Report of certain registered medical officers as evidence]. Deleted by Bom. 12 of 1959, s. 12.

1. (1) The 1[State[ Government may sanction the acceptance from any person whose licence, permit, pass or authorization is liable to be cancelled or suspended under the 2[provisions of sections 54 and 56] or who is reasonably suspected of having committed an offence under sections 3[ 4[67A, 67B, 69, 73, 74, 76], 77, 82 or[ 108, of a sum of money in lieu of such cancellation or suspension or by way of composition 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 5[State] Government or such officer as the 6[State] Government may authorize in this behalf : Provided that where a person who is reasonably suspected of having committed an offence under sections 7[69, 70 or] 108 is not the holder of a licence, permit, pass or authorization 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 composition shall not exceed five hundred rupees : 8[Provided further that, in the case of a person who is reasonably suspected of having committed an offence under section 108 for not more than three occasions, the sum of money which shall be accepted from him by way of composition for the offence, shall,-
   • (a) for the first offence, be an amount equal to three times the duty or fee evaded by him;
   • (b) for the second offence, be an amount equal to four times the duty or fee evaded by him; and
   • (c) for the third offence, be an amount equal to five times the duty or fee evaded by him; Provided also that, sum money which may be accepted by way of composition for the offence under the second proviso shall be in addition to the duty or fee to be paid by him under this Act.]
2. (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.

1[104A.Bombay Probation of Offenders Act, 1938, and section 562 of Code of Criminal Procedure, 1898, not to apply to persons convicted of offence under this Act.-Nothing in the Bombay Probation of Offenders Act, 1938 (Bom. XIX of 1938), or 2[in any law corresponding to that Act in force in any part of the State or in the Probation of Offenders Act, 1958 (XX of 1958), where that Act is brought into force in any part of the State, or in] section 562 of the 3*Code of Criminal Procedure, 1898 (V of 1898), shall apply to any person convicted of any offence under this Act].