section 8
Punishment for contravention of section 7
The Mizoram Liquor Total Prohibition Act, 1995General199571 sections6 chapters
Chapter III Chapter III
Statutory text
- (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) 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) 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) 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) 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.
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