Chapter III Chapter III

Prohibition and Penalties

No person shall- (a)

1. (i) transport, import, export, or possess liquor;
2. (ii) sell or buy liquor;
3. (iii) manufacture liquor;
4. (iv) use or keep for use: any material, utensil, implement or apparatus whatsoever for manufacture of liquor; and
5. (v) construct any distillery or brewery;

1. (b) consume liquor except on a prescription of a registered medical practitioner, or on a permit granted under the provisions of this Act or the rules made thereunder, as the case may be.

1. (1) Whoever contravenes the provisions of clause
   • (a) of section 7 of this Act shall, on conviction, be punished with imprisonment for a term which may extend to five years but not less than three months and also with fine which may extend to ten thousand rupees but not less than one thousand rupees; Provided that a person, who is under 21 years of age and against whom no previous conviction is proved, may be awarded a sentence of less than three months and a fine less than One thousand rupees for reasons to be recorded in the judgement that in consideration of the age, character and antecedents of the person concerned, a lesser sentence is justified.
2. (2) Whoever in contravention of the provisions of clause
   • (b) of section 7 of this Act, consumes liquor shall, on conviction, be punished with imprisonment for a term which may extend to one month but not less than 24 hours or with fine which may extend to one thousand rupees but not less than five hundred rupees or with both.
3. (3) Whoever in any street or thoroughfare or public place or in any place to which the public have or are permitted to have access is drunk, and in a state of intoxication for being drunk, or behaves in a disorderly manner under the influence of liquor shall, on conviction, be punished with imprisonment for a term which may extend to three months but not less than seven days and with fine which may extend to one thousand rupees but not less than five hundred rupees.
4. (4) In prosecution for an offence under sub-section (3), it shall be presumed, until the contrary is proved, that the person accused of the said offence has drunk liquor for the purpose of being intoxicated and not for medicinal purpose.
5. (5) Any registered medical practitioner shall be competent to examine and prove that a person has consumed liquor or has been in a state of intoxication.

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 of manner as specified in clause

1. (a) of sub-section

1. (1) of section 2 of this Act.

Whoever contravenes the provisions of section 9 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 one thousand rupees or with both.

No person shall-

1. (a) alter or attempt to alter any denatured spirit by dilution with water or by any method whatsoever, with the intention that such spirit may be used for human consumption, whether as beverage or internally as a medicine or in any other way whatsoever; or
2. (b) have in his possession any denatured spirit in respect of which he knows or has reason to believe that such alteration or attempt has been made.

Whoever contravenes the provisions of section 11 of this Act shall be liable to be punished with imprisonment for a term which may extend to three years and with fine which may extend to five thousand rupees: Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the Court, such imprisonment shall not be less than two months and fine shall not be less than five hundred rupees. Provided further that in prosecution for an offence 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 intoxicant.

No person shall-

1. (a) alter or attempt to alter any denatured spirituous preparation by dilution with water or by any method whatsoever, with the intention that such preparation may be used for human consumption as liquor, or
2. (b) have in his possession any denatured spirituous preparation in respect of which he knows or has reason to believe that such alteration or attempt has been made.

Whoever contravenes the provisions of section 13 of this Act shall be liable to be punished with imprisonment for a term which may extend to two years and with fine which may extend to five thousand rupees. Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the Court, such imprisonment shall not be less than two months and fine shall not be less than five hundred rupees. Provided further that in prosecution for an offence under this section, it shall be presumed, until the contrary is proved, that the alteration or attempt to alter any denatured spirituous preparation was done with the intention that it may be used for human consumption as an intoxicant.

1. (1) No person other than a Registered Medical Practitioner shall issue any prescription for any liquor.
2. (2) No Registered Medical Practitioner shall prescribe liquor, unless he believes in good faith after careful medical examination of the person for whose use such prescription is made, that the use of such liquor by such person is absolutely necessary for improvement or restoration of his health or will afford relief to him from some ailment.
3. (3) A Registered Medical Practitioner shall state, in every prescription for liquor issued by him, the full name and address of the person to whom issued, the date of issue, directions and duration for use including the nature of ailment, and the amount and frequency of dose, and shall preserve a copy of the prescription for one year from the date of issue.

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 provision of this Act or rules made thereunder Of any permit granted under 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 one thousand rupees or with both.

1. (1) No person shall have in his possession, except under a permit granted by an Officer empowered by the Government on its behalf, any quantity of denatured spirituous preparation in excess of such quantity as the Government may, by notification in the Official Gazette, specify.
2. (2) In specifying quantity for possession of denatured spirituous preparation under sub-section
3. (1) regard shall be had to the necessity for the free possession of such preparation for legitimate domestic and other purpose and different limits may be fixed for
   • (a) different local areas;
   • (b) different classes of persons, and
   • (c) different occasions.

Whoever contravenes the provisions of sub-section

1. (1) of section 17 of this Act shall be liable to be punished with imprisonment for a term which may extend to three years and with fine which may extend to five thousand rupees: Provided that in the absence of special and adequate reasons to the contrary, to be recorded in the judgement of the Court, such imprisonment shall not be less than three months and fine shall not be less than five hundred rupees.

1. (1) No person shall-
   • (a) sell or bottle for sale any denatured spirit or its preparation, except under the authority and in accordance with the terms and conditions of a licence;
   • (b) import, export or transport any denatured spirit or its preparation in excess of the limit of possession specified under sub-section
2. (1) of section 17 except under the authority and in accordance with the terms and conditions of a permit;
   • (c) drink any denatured spirit or its preparation.
3. (2) A permit required under clause
   • (a) of sub-section
4. (1) shall be granted only by an officer empowered by the Government under the Mizoram Excise Rules in force.

Whoever contravenes the provisions of sub-section

1. (1) of section 19 of this Act shall be liable to be punished with imprisonment for a term which may extend to three years and with fine which may extend to five thousand rupees: Provided that in the absence of any special and adequate reasons to the contrary, to be recorded in the Judgement of the Court, such imprisonment shall not be less than three months and fine shall not be less than five hundred rupees.

1. (1) No holder of a permit under any of the provisions of this Act shall drink liquor in a 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 authorised to use or consume liquor under this Act

1. (1) Whoever contravenes the provisions of sub-section
2. (1) and
3. (2) of section 21 of this Act shall be liable to be punished with imprisonment for a term which may extend to six months but not less than seven days or with fine which may extend to five hundred rupees but not less than two hundred rupees or with both.
4. (2) Any holder of a permit for consumption of liquor, purchased liquor from an illegal source in contravention of the provision of section 28 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 hundred rupees or with both.

1. (1) Nothing in this chapter shall apply to -
   • (a) any toilet preparation containing alcohol which is unfit for use as liquor;
   • (b) any medicinal preparation containing alcohol which is unfit for use as liquor;
   • (c) any anticeptic preparation or solution containing alcohol which is unfit for use as liquor;
   • (d) any flavouring extract, essence or syrup containing alcohol which is unfit for use as liquor.
2. (2) That the import, purchase, possession or use of any liquor or alcohol for the manufacture of any such article shall not be made or had except under a permit granted under section 32 of this Act.
3. (3) The Commissioner or any other officer duly authorised by him, may, grant permit for the purchase, possession, or use of any liquor or denatured spirit for the manufacture of any articles mentioned in sub-section
4. (1) above on such conditions as may be prescribed. Explanation: Nothing in this section shall be construed to mean that any person may drink any toilet preparation, or anticeptic preparation solution, containing alcohol; and it is hereby provided that no person shall drink any such preparation.
5. (4) Whoever contravenes the provisions of sub-section
6. (2) of this section shall be liable to be punished with imprisonment for a term which may extend to three years and with fine which may extend to five thousand rupees.

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 used 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 but not less than two months and with fine which may extend to five thousand rupees but not less than one thousand rupees; Provided that a person who is under 21 years of age and against whom no previous conviction is proved, may be awarded a sentence of less than two months and a fine less than one thousand rupees for reasons to be recorded in the judgement that in consideration of the age, character and antecedents of the person concerned, a lesser sentence is justified.

Penalty for misconduct by permit holder 25. Whoever, being the holder of a permit 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 permit, pass or authorisation on demand by the Excise Officer of the rank of Sub-Inspector and above, or any other officer duly authorised by the Commissioner if such permit is in his possession or control, or
2. (b) wilfully does or omits to do anything in contravention of any rule, or order made under this Act shall be liable to be punished for each such offence with imprisonment for a