(1) Whosoever, in contravention of any Section of this Act or of any rule, notification issued or given thereunder or order made, or of any license, permit or pass granted under this Act.
(a) imports, exports, transports, manufacturers, collects or possesses any intoxicant;
(b) constructs or works any distillery or brewery; or
(c) uses, keeps, or has in his possession any material, still, utensil, implement or apparatus, whatsoever, for the purpose of manufacturing any intoxicant other than tari; shall be punishable for every such offence with imprisonment for a term which may extend to (three years) and with fine upto two thousand rupees and if found in possession of a working still for the manufacture of any intoxicant shall be punishable with the minimum sentence of six months imprisonment and fine of two hundred rupees.
Penalty for unlawful import, export, transport, manufacture, possession, sale etc.
(2) Whosoever, in contravention of any section other than sections 29 and 30 of this Act or of any rule, notification issued or given thereunder or order made, or of any license, permit or pass granted under this Act –
(b) sells any intoxicant; or 47
(c) cultivates the hemp plant, or
(d) removes any intoxicant from any distillery, brewery or warehouse established or licensed under this Act; or
(d) bottles any liquor for the purpose of sale; or
(e) taps or draws tari from any tari-producing tree;
Shall be punishable with imprisonment for a term which may extend to two years and fine which may extend to two thousand rupees.
It should be noted, moreover, that the infliction of a penalty under this chapter does not debar the Collector from canceling a license under Section 36 or Section 37.
Section 61(1)*(b) refers to distilleries and breweries as the terms are generally understood, large works not as a rule capable of concealment. A case might arise of illicit distillation being carried on, on so large a scale as to come under this sub-clause but no such case has so far arisen, and the sub-clause should not be applied to the ordinary illicit still found in the Union Territory of Delhi, which is covered by sub-clause 61 (1)(a) Doubt often arises as to whether punishment should be asked for under both sub-clauses 61(1)(a) and 61(1)(c).
Such cases arise –
(1) when a still at work is seized with a quantity of 48 lahan and of the resultant spirit;
(2) when illicity distilled spirit and lahan are seized without apparatus;
(3) when apparatus and lahan are seized;’
(4) when illicity distilled spirit and apparatus not at work are seized.
In such cases there is a certain degree of overlapping, as (a) covers “manufacture” and (c) covers “use of a still” for manufacture. When the offence is “manufacture by a still” or otherwise comes within the more definite terms of clause (c), that clause (c) should be used in preference to the more general clause (a). In practice indeed, it will not often be possible to convict and punish under both subclauses as Section 71, Indian Penal Code, will come into operation. Where the possession of the illicity distilled spirit or of the lahan is really only one part of the process of manufacture, the offender can be sentenced only to 3 years, whether he is convicted under (a) or (c).
It is not easy to lay down general rules; but if a reference is made in each case to Section 71 of the Indian Penal Code and Section 35 of the Criminal Procedure Code, and care is taken to distinguish between distinct offences and separate offences, i.e., the separable elements in themselves offences of one combined offence no difficulty should arise.
Penalty or unlawful selling to person under twenty-five years or employing them or women.
62. If any licensed vendor, or any person in his employ or acting on his behalf-
(a) in contravention of Section 29 sells or delivers any liquor or intoxicating drug to any person apparently under the age of (twenty 49 five) years; or
(b) In contravention of Section 30 employs or permits to be employed on any part of his licensed premises referred to in that Section any man under the age of twenty-five years or women; or
(c) Sells any intoxicant to a person who is drunk or intoxicated; or
(d) Permits drunkenness, intoxication, disorderly conduct or gaming on the licensed premises of such licensed vendor; or
(e) Permits any person whom he knows or has reason to believe to have been convicted of any non bailable offence or any reputed prostitute to frequent his licensed premises, whether for the purposes of crime or prostitution or not;
He shall, in addition to any other penalty to which he may be liable, be punishable with a fine which may extend to five hundred rupees.
When any licensed vendor or any person in his employ or acting on his behalf is charged with permitting drunkenness or intoxication on the licensed premises of such vendor, and it is proved that any person was drunk or intoxicated on such premises, it shall lie on the person charged, to prove that licensed vendor or the person employed by him or acting on his behalf took all reasonable steps for preventing drunkenness or intoxication on such premises.
50 Penalty for rendering or attempting to render denatured spirit
63. Whoever renders or attempts to render fit for human consumption any spirit, whether manufactured in India or not, which has been denatured, or has in his possession any spirit rendered fit for human consumption in respect of which he knows or has reason to believe that any such attempt has been made, shall be punishable with imprisonment for a term which may extend to one year, and with fine which may extend to one thousand rupees Penalty for fraud by licensed manufacturer or vendor or his servant.
64. If any licensed manufacturer or licensed vendor or person in his employ or acting on his behalf-
(a) Sells or keeps, or exposes for sale, as foreign liquor, any liquor which he knows or has reason to believe to have been manufactured from rectified spirit or country liquor; or
(c) marks any bottle, case, package or other receptacle containing liquor so manufactured from rectified spirit or country liquor, or the cork of any such bottle, or deals with any bottle, case, package or other receptacle containing such liquor with the intention of causing it to be believed that such bottle, case, package, or other receptacle contains foreign liquor;
he shall be punishable with imprisonment for a term which may extent to three months and with fine which may extend to five hundred rupees.
(Indian made whisky, brandy, and gin are manufactured from plain spirit. Thus every distiller who makes these sophisticated spirits is technically guilty of an offence under this section. As, however, the sanction of the Collector is, under section 75 of the Act, necessary before a prosecution under this section can be instituted, there is little danger of its 51 being abused).
Penalty for certain acts by licensee or his servant.
65. Whoever, being the holder of license, permit or pass granted under this Act, or being in the employ of such holder or acting on his behalf –
(a) fails willfully to produce such license, 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 cash not provided for in section 61 willfully contravenes any rule made under section 58 or section 59; or
(c) willfully does or omits to do anything in breach of any of the conditions of the license, permit or pass not otherwise provided for in this Act; shall be punishable in case (a) with fine which may extend to two hundred rupees, and in case (b) or case (c) with fine which may extend to five hundred rupees.
Penalty for consumption in chemist’s shop etc.
66. 1) If any chemist, druggist, apothecary or keeper of a dispensary allows any intoxicant which has not been bonafide medicated for medicinal purposes to be consumed on his business premises by any person not employed in his business, he shall be punishable with imprisonment for a term which may extent to thee months and with fine which may extend to one thousand rupees.
2) If any person not employed as aforesaid consumes any such intoxicant such premises, he shall be punishable with a fine which may extend to two hundred rupees.
52 Manufacture, sale or possession by one person on account of another.
67. 1) When any intoxicant has been manufactured or sold or is possessed by any person on account of any other person and such other person knows or has reason to believe that such manufacture or sale was, or that such possession is on his account, the article shall for the purpose of this Act be deemed to have been manufactured or sold by or to be in the possession of such other person.
2) Nothing in sub-section (1) shall absolve any person who manufactures, sells or has possession of any intoxicant on account of another person from liability to any punishment under this Act for the unlawful manufacture, sale or possession of such article.
Penalty for offences not otherwise provided for.
68. Whoever is guilty of any act or intentional omission in contravention of any of the provisions of this Act or of any rule, notification or order made, issued or given thereunder and not otherwise provided for in this Act, shall be punishable for every such act or omission with a fine which may extent to two hundred rupees.
68A. Whoever, having been convicted of an offence under sub-section (1) of section 61 of this Act, shall be guilty of a similar offence, shall be subject for every such subsequent offence to twice the sentence of imprisonment and fine awarded on previous conviction provided that the enhanced punishment does not exceed the imprisonment of three years and a fine of two thousand rupees; provided that if on a previous conviction the sentence awarded was that of fine only, the sentence of imprisonment on subsequent conviction shall be in addition to the enhanced penalty of fine provided further that the enhanced punishment would not in any way affect the minimum sentence prescribed for the offence of possession of a working still for the manufacture of 53 any intoxicant.
Attempt to commit offences punishable under the Act.
69. Whoever attempts to commit or abets any offence punishable under this Act shall be liable to the punishment provided for the offence.
Security for abstaining from commission of certain offences.
69A. 1. Whenever any person is convicted of an offence punishable under sections 61, 63 or 69 and the court convicting him is of the opinion that it is necessary to require such person to execute a bond for abstaining from the commission of offences punishable under these sections, the court may, at the time of passing sentence on such person, order him to execute a bond for a sum proportionate to his means, with or without sureties for abstaining from the commission of such offences during such period not exceeding three years, as it thinks fit to fix.
2. The bond shall be in the form contained in schedule II and the provisions of the Code of Criminal Procedure 1898, shall, in so far as they are applicable, apply to all matters connected with such bond, as if it were a bond to keep the peace ordered to be executed under section 106 of the said Code.
3. If the conviction is set aside on appeal or in revision, the bond so executed shall become void.
4. An order under this Section may also be made by an appellate court, or by the High Court when exercising its powers of revision.
Penalty for excise officer making vexations search,
70. If an excise officer –
(a) Vexatiously and unnecessarily enters or 54 etc. searches, or causes to be entered or searched, any place under colour of exercising any power conferred by this Act;
(b) Vexatiously and unnecessarily seizes the moveable 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 searches, arrests, or detains any person; or
(d) Without lawful excuse ceases or refuses to perform or withdraws himself from the duties of his office unless expressly allowed to do so in writing by the Collector or unless he shall have given to his immediate superior officer two months notice in writing of his intention to do so;
He shall be liable to imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.
Report by investigating officer for institution of proceedings.
71. If on an investigation by an excise officer, empowered under section 46 sub-section (1), it appears that there is sufficient evidence to justify the prosecution of the accused, the investigating officer, unless he submits the case for the orders of the Collector under section 80, shall submit a report which shall for the purposes of section 190 of the Code of Criminal Procedure, 1898, be deemed to be a police report to a magistrate having jurisdiction to enquire into or try the case and empowered to take cognizance of offence on police report.
Offences to be bailable 72. All offences punishable under this Act shall be bailable within the meaning of the Code of Criminal 55 Procedure, 1898.
Provided that the offence of possession of a working still for the manufacture of any intoxicant under section 61(1) shall be non-bailable.
Security for appearance in case of arrest without warrant.