(1) Whoever, in contravention of this Act, or of any rules, notification or order made or issued under this Act, or of any licence, permit, or pass granted under this Act -
(a) imports, exports, transports, manufactures, possesses or sells any intoxicant other than tari and pachwai, or
(b) cultivates, collects or sells the hemp plant (Cannabis sativa L ) ; or
(c) constructs or works, any distillery or brewery, or
(d) uses, keeps or has in his possession any materials, still, utensil, implement or apparatus whatsoever for the purpose of manufacturing any intoxicant other than tari and pachwai ; or
(e) bottles any liquor other than tari and pachwai for purpose of sale, shall be punished with imprisonment THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 11, 2000 815 Unlawful possession in certain cases.
Penalty for altering or attempting to alter any denatured spirit.
Adulteration etc.
which may extend to two years and with fine and the convicing Magistrate shall direct the offender to be imprisoned in default of payment of fine for a term which may extend to one year, and such imprisonment shall be in addition to any other imprisonment to which he may have been sentenced.
(2) Whoever as aforesaid -
(a) taps or draws tari from any producing tree, or
(b) bottles any tari or pachwai for the purposes of sale, or
(c) im ports, exports, transports, m anufactures, possesses or sells any tari or pachwani, shall be punished with imprisonment which may extend to six months or with fine not exceeding five thousand rupees or with both.
54. Whoever without lawful authority has in his possession any quantity of any intoxicant knowing the same to have been unlawfully imported, transported or manufactured, and knowing that the prescribed duty has not been paid thereon, shall be punished with imprisonment for a term which may extend to two years or with fine, or with both, and where a fine is imposed, the convicting Magistrate shall direct the offender to be imprisoned in default of payment of fine for a term which may extend to one year, and such imprisonment shall be in addition to any other imprisonment to which he may have been sentenced.
55. If any person alters or attempts to alter any denatured spirit, whether manufactured in India or not, with the intention that such spirit may be used for human consumption whether as a beverage or, internally as a medicine or in any other way whatsoever, by any method whatsoever, or has in his posession any spirit in respect of which he knows or has reason to believe that any such alteration or attempt has been made, he shall be liable to imprisonment for a term which may extend to three months or to a fine which may extend to one thousand rupees, or with both.
56. Whoever being the holder of a licence, permit or pass granted undet this Act or being in the employ of such holder wilfully contravenes any rule made under section 84 (2)
(e) (i) (ii) and (iii).
Shall be punished with imprisonment which may extend to two years, or with fine or with both ;
816 THE ASSAM GAZETTE, EXTRAORDINARY. OCTOBER 11, 2000 Fraud by licensee or his employee.
Breach of rule or con dition of licence.
Liability of licenses for offence com mitted by his agent.
And, where a fine is imposed, the convicting Magi«i«;te shall direct the offender to be imprisoned in default of payment of fine for a term which may extend to one year, and such imprisonment shall be in addition to any other imprisonment to which he may have been sentened.
57. Whoever being the holder of a licence, permit or pass granted under this Act or being in the employ of such holder, -
(a) keeps or exposes for sale, as foreign liquor, any liquor which he knows or has reason to believe to be country liquor, or
(b) marks or otherwise deals with any bottle, case, package or other receptacle containing country liquor, or marks the cork of any such bottle, with the intention of causing it to be believed that such bottle, case, package other receptacle contains foreign liquor.
Shall be punished with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.
58. Whoever being the holder of a licence, permit or pass granted under this Act, or being in the employ of such holder and acting on his behalf, -
(a) fails to produce such licence, permit or pass on the demand of any Excise Officer or of any other officer duly empowered to make such demand, or
(b) in any case not otherwise provided for in this Act wilfully contravenes any rule made under section 84 or wilfully does or omits to do anything in breach of any of the conditions of such licence, permit or pass, shall be punished in case of (a) xyith fine which may extend to five thousand rupees and in case (b) with fine which may extend to ten thousand rupees.
59. The holder of a licence, permit or pass granted under this Act shall be punishable, as well as the actual offender, for any offence punishable under section 53, 54, 55, 56, 57 or 58 committed by any person in his employ and acting on his behalf as if he had himself committed such offence, unless he established that all due and reasonable precautions were exercised by him to prevent the commission of such offence :
THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 11, 2000 817 Import, export, transport, manufacture, sale or possession by one person on account of another.
Provided that no person other than the actual offender shall be punished with imprisonment except in default of payment of fine.