(1) Whoever, in contravention of this Regulation or of any rule, notification or Penalties for order made, or condition of licence or permit granted or issued thereunder,- illegal manufacture,
(a) manufactures, imports, exports, transports or removes any liquor and other sale> import, etc. intoxicants;
(b) constructs or works any manufactory or warehouse;
(c) bottles any liquor for purposes of sale;
( 4 uses, keeps or possesses any materials, stills, utensils, implements or apparatus whatsoever for the purpose of manufacturing any liquor other than toddy or tari;
(e) possesses any material or film either with or without Union territory logo or wrapper or any other thing in which liquor can bepacked, or any apparatus or implement or machine for the purpose of packing any liquor; or (/) sells, transports, possesses or buys any liquor beyond prescribed quantity, shall be punished- (A) in the case of an offence falling under clause (a),-
(i) where the liquor or other intoxicants involved in the offence is less than the prescribed value, with imprisonment for a term which shall not be less than one year but which may extend to five years and shall also be liable to fine which shall not be less than fifty thousand rupees or five times of the value of liquor or other intoxicants whichever is higher;
(ii) where the liquor or other intoxicants involved in the offence exceeds the prescribed value, with imprisonment for a term which may extend to seven years and with fine which may extend to one lakh rupees or five times of the value of liquor;
(B) in the case of an offence falling under clause (b), with imprisonment for a term which may extend to three years and also with fine which may extend to fifty thousand rupees;
(C) in the case of an offence falling under clause (c), with imprisonment which may extend to one year and also with fine which may extend to one lakh rupees or five times ofthe value of liquor or other intoxicants, whichever is higher;
(D) in the case of an offence falling under clause ( 4 , with imprisonment which may extend to six months and also with fine which may extend to twenty thousand rupeos;
(b] in the case of an offence falling under clause 0, with imprisonment which may extend to three months and also with frne which may extend to one Penalty for rendering denatured spirit fit for human consumption.
Penalty for mixing noxious substance with liquor.
Order to pay compensation.
Penalty for selling Indlan liquor as .
foreign I~quor.
14 THE GAZETTE OF INDIA EXTRAORDINARY [PART 11- --
(2) If any offence is punishable under sub-section (I) is committed by a person not holding a valid licence of permit under this Regulation, he shall be liable to twice the penalty prescribed for the said offence.
37. Whoever, renders or attempts to render fit for human consumption any spirit which has been denatured, or has in his possession any spirit in respect of which he knows or has reason to believe that any such attempt has been made, shall be punished with imprisonment for a term which shall not be less than two years, but which may extend to three years, and also with fine, which may extend to two lakh rupees or five times of the value of liquor or other intoxicants, whichever is higher.
38. Whoever, mixes or permits to be mixed with any liquor or other intoxicants sold or manufactured or posskssed by him any noxious drug or any foreign ingredient likely to cause disability or grievous hurt or death to hilman beings, shall be punishable,-
(a) if as a result of such an act, death is caused to any person, with death or imprisonment for life and shall also be liable to fine which may extend to ten lakh rupees;
(b) if as a result of such an act, disability or grievous hurt is caused to any person, with imprisonment for a term which shall not be less than seven years, but which may extend to imprisonment for life, and with fine which may extend to five lakh rupees;
(c) if as a result of such an act, any other consequential injury is caused to any person, with imprisonment for a term which may extend to one year and shall also be liable to fine which may extend to two lakh fifty thousand rupees;
(6) if as a result of such an act, no injury is caused to any person, with imprisonment which may extend to six months and with fine which may extend to one lakh rupees or five times the value of liquor or other intoxicants, whichever is higher.
&planation.-- For the purpose of this section the expression "grievous hurt" shall have the same meaning as assigned to it in section 320 of the Indian Penal Code. 45 of 1860