Punishment for contravention of Section 5

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.