The Mizoram Liquor (Prohibition) Act, 2019
The Mizoram Liquor (Prohibition) Act, 2019
General201954 sections6 chapters
The Mizoram Liquor (Prohibition) Act, 2019, establishes a comprehensive legal framework to prohibit the manufacture, possession, sale, transport, and consumption of liquor across the state of Mizoram, excluding the Chakma, Lai, and Mara Autonomous District Councils. It empowers the Excise and Narcotics Department to enforce these restrictions, conduct searches, and make arrests. The Act mandates strict penalties for violations, including imprisonment and fines, while providing mechanisms for permits in specific cases. It aims to curb intoxication-related nuisances and regulate alcohol availability, impacting citizens by criminalizing unauthorized alcohol-related activities and establishing clear procedures for enforcement and legal recourse.
Chapter I PRELIMINARY →
Chapter II ESTABLISHMENT AND CONTROL →
Chapter III PROHIBITION, OFFENCES AND PENALTIES →
- 5Prohibition of manufacture, possession, transport and consumption of liquor
- 6Punishment for contravention of Section 5
- 7The result of such alcohol breathalyzer test shall be valid and admissible evidence in the court of law.
- 8Prohibition of publication of advertisement of liquor
- 9Punishment for publication of advertisement of liquor
- 10Prescription of liquor by a registered medical practitioner
- 11Unclear and ineligible prescription certificate may result in denial of liquor permit.
- 12Regulations of consumption of liquor by certain permit holders
- 13Punishment for contravening the provisions of Section 12
- 14Punishment for allowing premises to be used for the commission of an offence
- 15Punishment for maliciously giving false information and fraud
- 16Punishment for offence for which no punishment is provided
- 17No suspension, remission or commutation in any sentence awarded under this Act
- 18Bar of application of Section 360 of the Code of Criminal Procedure, 1973 and of the Probation of Offenders Act, 1958
- 19Presumption of culpable mental state
- 20Presumption to the commission of an offence
- 21Enhanced punishment after previous conviction
- 22Attempt to commit offence under this Act
- 23Abetments
- 24Punishment for assault or obstruction, or disobedience
Chapter IV PREVENTION, DETECTION AND INVESTIGATION →
- 25Power of entry, search, seizure and arrest
- 26Power of seizure and arrest in public places
- 27Power to issue warrant of arrest and search
- 28Power of investigation and prosecution
- 29Officers of Government, Members of Village Council, Local Council and Village Defence Party are bound to give information
- 30Arrest by private person and procedure on such arrest
- 31Punishment for vexatious search, seizure or arrest
- 32Landlords and other to give information
- 33Failure to do so may attract prosecution of the landlord himself.
- 34The time taken for the journey from the place of seizure or arrest to the Court shall not, however, be counted.
- 35Department and Police Department who has undergone training for this purpose duly certified by Forensic Science Laboratory, Mizoram as expert for the purpose of analysis or examination of liquor under this Act.
Chapter V PROSECUTION AND TRIAL OF OFFENCES →
- 36Magistrate to try offences under this Act
- 37Any Magistrate having the power of the Judicial Magistrate of the first class shall try any offence punishable under this Act.
- 38No Court shall take cognizance of an offence under this Act unless a report in this regard is made by an officer mentioned under Section 25 of this Act.
- 39Liability to confiscation
- 40Confiscation by court in trial cases
- 41When in any case tried by a Court, the Court decides that anything is liable to confiscation under Section 39 of this Act, it shall order such thing to be confiscated and placed at the disposal of the Commis- sioner.
- 42Power of court to release certain offenders on probation
- 43Power to compound offences
- 44Bar to legal proceeding
- 45Limitation of suit and prosecutions
Chapter VI MISCELLANEOUS →
- 46Constitution of State Prohibition Council
- 47Composition of the State Prohibition Council
- 48District Prohibition Co-ordination Committee
- 49The Government may, by notification, constitutes a District Prohibition Co-ordination Committee comprising of officials and non-officials members for the successful implementation of this Act.
- 50Revision
- 51On examining record, it may either annul, reverse, modify or confirm such order, or pass such other order as it may deem fit.
- 52Provided that the no such power shall be exercised after the expiry of a period of three years from the commencement of the Act.
- 53Power to makes rules
- 54Repeal and savings
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