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Section 61

The Assam Excise Act, 2000State Act of Assam · Act 14 of 2000

(1) If any chemist, druggist, apothecary or keeper of a dispensary or a laboratory allows any intoxicant which has not been bonafide medicated, to be consumed, on his business premises by any person not employed in his business, he shall be punished with imprisonment for a term which may extend to three months, or with fine which may extend to five thousand rupees or with both.

Vexatious search, seizures, detention or arrest or refused of duty or cowardice on part of Excise Officer.

62. Whoever, being an Excise Officer -

(a) without reasonable grounds of suspicion, searches or caused to be searched any place, under colour of exercising any power conferred by this Act, or

(b) vexatiously and unnecessarily seize any property of any person on the pretence of seizing or searching for any article liable to confiscation under this Act, or

(c) vexatiously and unnecessarily detains, searches or arrests any person, or

(d) without lawful excuse ceases or refuses to perform or withdraws himself from the duties of his office, unless expressly and in writing allowed to do so by the Collector, unless he shall have to his immediate superior two months' notice in writing of his intention to do so, or 818 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 11, 2000

(e) is guilty of cowardice, 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.

Punishment for allowing premises to be used for the commission of an offence.

63. Whoever, being the owner or occupier or having the use of any house, room, enclosure, space, vessel, vehicle, or place, knowingly permits it to be used for the commission by any other person of an offence punishable under section 53, 54, section 55 shall be punished with imprisonment which may extend to two years or with fine, or with both.

offences not specifically provided for

64. Whoever, in any case not otherwise provided for under this Act, wilfully contravenes any of the provisions of this Act or of any rule, notification or order made or issued thereunder shall be punished with fine which may extend to two thousand rupees.

Attempts 65. Whoever attempts to commit any offence punishable under this Act shall be liable to the punishment provided for such offence.

Abetments 66. Whoever abets an offence punishable under this Chapter shall whether such offence be or be not committed in consequence of such abetment, and notwithstanding anything contained in section 116 of the Indian Penal Code be punished with the punishment provided for the offence.

Central Act XLV of 1860.

Enhanced punishment after previous conviction.

67. If any person after having been previously convicted of an offence punishable under sections 53, 54, 55 or 61 or under the similar provisions in any enactment repealed by this Act, subsequently commits and is convicted of an offence punishable under any of those section, he shall be liable to twice the punishment which might be imposed on a first conviction under this A c t:

Provided that nothing in this section shall prevent any offence which might otherwise have been tried summarily under Chapter XXI of the Code of Criminal Procedure, 1973 from being so tried.

Central Act 2 of

1974.

Security for abstaining from com mission from certain offences.

Where this provision sits

ActThe Assam Excise Act, 2000
Section61
JurisdictionState of Assam
StatusIn force as published by the source

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