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Section 48: For illegal import, etc.

1the Jammu and Kashmir Excise Act, Samvat 1958 (1901 A.d.)Union territory Act of Jammu and Kashmir · Act 9 of 1901

[48. For illegal import, etc.––Whoever, in contravention of this Act or of any rule or order prescribed or notified thereunder or of any licence or permit granted thereunder: ––

(a) imports, exports, transports or possesses liquor or [any intoxicating drug, or, molasses, or]

(b) manufactures liquor or any intoxicating drug, or

(c) cultivates the poppy or hemp (Cannabis sativa or Indica) or coco plant or collects the spontaneous growth of the hemp plant, or

(d) constructs or works any distillery or brewery or other place for the manufacture of liquor, or

(e) uses, keeps or has in his possession any materials, still, utensil, implement or apparatus whatsoever, for the purpose of manufacturing liquor or any intoxicating drug, or

[(f) sells or offers to sell any liquor or [intoxicating] drug,]

[shall on conviction before a Judicial Magistrate, be punished with imprisonment for a term which may extend to three years and with fine which may extend to [ten thousand rupees] :

Provided that if the offence relate to possession of, —

(i) a working still for the manufacture of liquor or any intoxicating drug, such imprisonment shall not be less than six months and such fine shall not be less than [five thousand rupees] ;

(ii) lahan, such imprisonment shall not be less than six months and such fine shall not be less than [three thousand rupees] ;

(iii) country liquor, manufactured otherwise than in distilleries or warehouses established or licensed under this Act, in a quantity not exceeding ten bottles, each bottle containing 750 millilitres, such fine shall not be less than [one thousand rupees] and in a quantity exceeding ten bottles of the aforesaid capacity, such imprisonment shall not be less than six months and such fine shall not be less than [four thousand rupees] ;

(iv) foreign liquor other than the liquor––

(a) manufactured in licensed distilleries or breweries in India, or

(b) imported into India on which customs duty is leviable under the Indian Tariff Act, 1934 or the Customs Act, 1962,

such imprisonment shall not be less than three months and such fine shall not be less than two thousand rupees.

Where this provision sits

Act1the Jammu and Kashmir Excise Act, Samvat 1958 (1901 A.d.)
Section48
Marginal noteFor illegal import, etc.
JurisdictionUnion territory of Jammu and Kashmir
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted. . Section 48 substituted by Notification No. 14 published in Government Gazette dated 17th Phagan, 1983.
  • substituted, Act XI of 1999. . Substituted by Act XI of 1999, s. 9, w. e. f. 29-2-2000.
  • substituted. . Clause (f) substituted by Act IV of Samvat 2009.
  • substituted, Act IX of 1961. . Substituted by Act IX of 1961.
  • substituted, Act XIX of 1981. . Substituted by Act XIX of 1981, s. 37.
  • substituted, Act IX of 2010. . Substituted for “three thousand rupees” by Act IX of 2010, s. 4.
  • substituted, Act IX of 2010. . Substituted for “two thousand rupees” by Act IX of 2010, s. 4.
  • substituted. . Substituted ibid for “one thousand rupees”.
  • substituted. . Substituted ibid for “five hundred”.
  • substituted. . Substituted for “two thousand rupees” ibid.

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