Chapter III PROHIBITION, OFFENCES AND PENALTIES

Prohibition of manufacture, possession, transport and consumption of liquor. No person, without licence or permit issued under the provisions of this Act or Rules made thereunder, shall – (1)

1. (a) import, export, transport liquor;
2. (b) possess, sell or buy liquor;
3. (c) manufacture liquor;
4. (d) possess or use or keep for use any material, utensil, implements, apparatus, chemical or compounds whatsoever for manufacture of liquor; and
5. (e) construct any brewery, distillery, winery, bottling plant or warehouse, or as such place;

1. (2) consume liquor.

Punishment for contravention of Section 5.

1. (1) Whoever contravenes the provisions of sub-section
2. (1) of Section 5 of this Act shall, on convic- tion, be punished with imprisonment for a term which may extend to five years with fine which may extend

to one lakh rupees;

1. (2) Whoever in contravention of sub-section
2. (2) of Section 5 of this Act, consumes liquor shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to five thousand rupees, or with both. Provided that the trying magistrate may, after convicting the accused and in lieu of imprisonment and fine, pass order by which the convict is released and is compelled to do community service or work for not more than five working days or 30 hours under the supervision of the Excise & Narcotics or Police person- nel as per the terms and conditions as may be passed by the trial court in the order.
3. (3) Whoever, in any street or thoroughfare or public place behaves in a disorderly manner under the influence of liquor, makes or causes nuisance, or drives a vehicle after consuming liquor shall, on conviction, be punished with imprisonment for a term which may extend to two years and with fine which may extend to ten thousand rupees, or with both. Provided that the trying magistrate may, after convicting the accused and in lieu of imprisonment and fine, pass order by which the convict is released and is compelled to do community service or work for not less than two working days or twelve hours under the supervision of the Excise & Narcotics or Police personnel as per the terms and conditions as may be passed by the trial court in the order.
4. (4) In prosecution for an offence under sub-section
5. (3) of this Section, it shall be presumed, until the contrary is proved, that the person accused of the said offence consumed liquor for the purpose of being intoxicated and not for medicinal purpose.
6. (5) Any registered medical practitioner shall be competent to examine and prove that a person has consumed liquor or is in a state of intoxication.
7. (6) Alcohol Breathalyzer may also be used for proof of liquor consumption.

Punishment for possession in small, intermediate or commercial quantity of any liquor Punishment for possession in small, intermediate or commercial quantity of any liquor. Whoever, in contravention of any provision of this Act, or any rule or order made or condition of permit issued thereunder, possess in a quantity specified in the notification shall be punishable,–

1. (1) Where the contravention involves small quantity, with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both;
2. (2) Where the contravention involves intermediate quantity, with imprisonment for a term which may extend to three years with fine which may extend to ten thousand rupees;
3. (3) Where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than one year but which may extend to five years with fine which shall not be less than ten thousand rupees but which may extend to one lakh rupees.

Prohibition of publication of advertisement of liquor. No person shall publish or cause to be published any advertisement which solicits the use of or offers for sale any liquor or any preparation fit for use as liquor in any newspaper or magazine published in the state of Mizoram or in any other form or manner as specified in clause

1. (b) of Section 2 of this Act.

Punishment for publication of advertisement of liquor. Whoever contravenes the provisions of Section 8 of this Act shall be liable to be punished with imprisonment for a term which may extend to six months or with fine which may extend to ten thousand rupees, or with both.

Prescription of liquor by a registered medical practitioner.

1. (1) No person other than a registered medical practitioner shall issue any prescription for any liquor.
2. (2) Every prescription shall be in writing. It shall also be legible and clear.

Punishment for issuing false prescription Punishment for issuing false prescription. If a 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 sole purpose of consuming liquor in contravention of the provisions of this Act or rules made thereunder or any permit granted under this Act shall be liable to be punished with imprisionment for a term which may extend to six months or with fine which may extend to five thousand rupees or with both.

Regulations of consumption of liquor by certain permit holders.

1. (1) No holder of a permit under any of the provisions of this Act shall drink liquor in public place or institution to which the public may have access or in contravention of any conditions of such permit.
2. (2) No holder of a permit granted under this Act shall allow the use or consumption of any part of the liquor held by him to any other person not so authorized to use or consume liquor under this Act.
3. (3) No holder of a permit granted under this Act shall make nuisance under the influence of liquor or after consuming liquor.
4. (4) No holder of a permit granted under this Act shall drive any motor vehicle after consuming liquor.
5. (5) No holder of a permit under any of the provisions of this Act shall purchase or obtain liquor from illegal source.

Punishment for contravening the provisions of Section 12.

1. (1) Whoever contravenes the provisions of Section 12 of this Act shall be liable to be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.
2. (2) The permit of a person convicted or penalised under the provision of Section 12 of this Act shall be liable to be cancelled.

Whoever being the owner or occupier or having the use of any house, room enclosure, space, vessel, compound, place or vehicle, knowingly permits it to be use for the commission, by any other person, of an offence punishable under this Act or the Rules made thereunder shall be liable to be punished with imprisonment for a term which may extend to three years with fine which may extend to ten thousand rupees. Provided that in prosecution for an offence under this section, it shall be presumed, until the contrary is proved that the owner or occupier have knowingly permit it to be used for the commission of the offence.

1. (1) 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 one thousand rupees or with both.
2. (2) Any person who willfully misrepresent or acting in fraudulent manner shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.

Whoever contravenes any provision of this Act or any rule or order made, or any condition of any licence, permit or authorisation issued thereunder for which no punishment is separately provided in this Act, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.

Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Act No 2 of 1974), or any other law for the time being in force, no sentence awarded under this Act shall be suspended or remitted or commuted.

Nothing contained in section 360 of the Code of Criminal Procedure, 1973 (Act No 2 of 1974) or in the Probation of Offenders Act, 1958 (Act No 20 of 1958), shall apply to a person convicted of an offence under this Act, unless such person is sick or infirm or old aged.

1. (1) In any prosecution for an offence under this Act which requires a culpable mental state of the accused, the Court shall presume the existence of such mental state but it shall be the responsibility of the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution. Explanation:- In this section, ‘culpable mental state’ includes intention, motive, knowledge of a fact and belief in or reason to believe, a fact.
2. (2) For the purpose of this section, a fact is said to be proved only when the Court believes it to exist beyond a reasonable doubt and not merely when its existence is established by preponderance of probability.

1. (1) In trial 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 committed an offence punishable under this Act in respect of liquor, or any other material, or any chemical or non-chemical, whatsoever for the manufacture of liquor for the possession of which he is unable to account satisfactorily.
2. (2) Where an offence is said to have been committed at a place or inside any premises where any liquor or intoxicant is found, consumed, sold, manufactured, stored or distributed, it shall be presumed that the owner or occupier of such premises knowingly permits the commission of such offence to which he failed to account satisfactorily.

If any person, after having been previously convicted of an offence punishable under any of the provisions of this Act subsequently commits and is convicted of an offence punishable under this Act, he shall be liable to be awarded punishment to twice the punishment which was imposed on him on the first conviction under this Act and so on for the subsequent convictions.

Whoever attempts to commit any offence punishable under this Act shall be liable to the punishment provided for such offence.

Whoever abets an offence punishable under this Act shall, whether such offence be or be not committed, in consequence of such abetment, be punished with the punishment provided for the offence.

Notwithstanding anything contained in the Indian Penal Code, 1860 (Act No. 45 of 1860), any person who assaults or threatens or obstructs or disobeys any Excise & Narcotics or Police personnel in the discharge of his official duty shall be punishable with imprisonment for a term which may extend to three years with fine which may extend to ten thousand rupees. Further, any person who appears to be acquainted with the facts and circumstances of the case shall, if so required by any Excise & Narcotics or police officer making an investigation under this Act appear before such officer. If such a person failed to appear before such officer, he may be treated as disobedient and liable to be prosecuted under this section.