Penalty for being drunk and for disorderly behaviour

(1) Whoever in any street or thoroughfare or public place of in any place to which the public have or are permitted to have access- (i) is drunk and incapable of taking care of himself, or (ii) behaves in a disorderly manner under the influence of drink, or (iii) drinks or has drunk any quantity whatsoever whether or not he behaves in a disorderly manner or is incapable of taking care of himself, and who is not the holder of a permit granted under the provisions of this Act or is not eligible to hold a permit under this Act, shall, on conviction, be punished- , (i) for an offence under Clause (i) or Clause (iii)- (a) for a first offence, with imprisonment for a term which may extend to three months or with fine which may extend to two hundred rupees or with both; (b) for a subsequent offence, with imprisonment for a term which may extend to six months and with fine which may extend to five hundred rupees: Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonments shall not be less than one month and fine shall not be less than one hundred rupees ; and (ii) for an offence under Clause (ii)- (a) for a first offence with imprisonment for a term which may extend to six months and with fine which may extend to five hundred rupees; (b) for a subsequent offence, with imprisonment for a term which may extend to one year and with fine which may extend to one thousand rupees : Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than six months and fine shall not be less than five hundred, rupees. (2) In prosecution for an offence under Sub-section (1), it shall be presumed until the contrary is proved, that the person accused of the said offence, has drunk liquor or consumed any other intoxicant for the purpose of being intoxicated and not for a medicinal purpose. Explanation-A person shall be presumed to be drunk if he emits smell of liquor by mouth or nose or shows any other physiological signs and symptoms.