(1) No manufacturer of any of the articles mentioned in section 24A shall sell, use or dispose of any liquor purchased or possessed for the purposes of such manufacture under the provisions of this Act otherwise than as an ingredient of the articles authorized to be manufactured therefrom. No more alcohol shall be used in the manufacture of any of the articles mentioned in section 24A than the quantity necessary for extraction or solution of the elements contained therein and for the preservation of the articles :
Provided that in the case of manufacture of any of the articles mentioned in section 24A in which the alcohol is generated by a process of fermentation the amount of such alcohol shall not exceed 12 per cent. 9[by volume].
(2) No person shall—
(a) knowingly sell any 10[article mentioned in section 24A] for being used as an intoxicating drink, or
(b) sell any such article under circumstances from which he might reasonably deduce the intention of the purchaser to use them for such purpose.
1. These words were inserted by Bom. 22 of 1960, s. 41 (a).
2. These words were substituted for the words “ His Majesty” by the Adaptation of Laws Order, 1950.
3. This word was substituted for the word “Comissioner” by Bom. 28 of 1950, sch.
4. This sub-section was inserted by Bom. 22 of 1960, s. 41 (b) .
5. Chapter IV-A was inserted by Bom. 26 of 1952, s. 27.
6. These words were substituted for the words “Medicinal and Toilet preparations” by Bom. 36 of 1954, s. 7.
7. This section was inserted by Bom. 22 of 1960, s. 42.
8. This marginal note was substituted by Bom. 36 of 1954, s. 8 (ii).
9. These words were added by Bom. 22 of 1960, s. 43.
10. These words were substituted for the words, fi gures and letter “article to which section 24 A applies” by Bom. 36 of 1954, s. 8 (i).
Control on manufacture, etc., of articles mentioned in section 24A 8[Manufacture of articles mentioned in section 24A ].
1949 : Bom. XXV ] Gujarat Prohibition Act, 1949 25
59B. 2[1] Whenever the Director has reason to believe that any of the articles mentioned in section 24A does not correspond with the description and limitations provided in section 59A, he shall cause an analysis of the said articles to be made, and if upon such analysis, the Director shall fi nd the said articles does not so correspond, he shall give not less than 15 days notice, in writing to the person who is the manufacturer thereof or is known or believed to have imported 3[ or obtained ] such article to show cause why the said article should not be dealt with as an intoxicating liquo, such notice to be served personally or by registered post, as the Director may determine, and shall specify the time when, place where, and the name of the offi cer before whom such person is required to appear. ] 4[(1A)] If such person fails to show to the satisfaction of the Direction that the said article corresponds with the description and limitations provided in section 59A, the Director may, by notifi cation in the Offi cial Gazette, direct that the said article be dealt with as an intoxicating liquor and thereupon the provisions of this Act relating to liquor shall apply to that article. ] 5[(2) Whenever the Director causes analysis of an article mentioned in section 24A to be made under sub-section (1), 6[ or gives notice thereunder ], he may require the person who is the manufacturer thereof or who is known or believed to have imported 6[ or obtained ] such articles not to sell, distribute or otherwise deal with such article, or to remove it from any place without the previous permission of the Director, for any period not exceeding three months from the date of such requisition or till the result of the analysis is known and 7[communicated to him in writing by the Director, whichever is earlier, or as the case may be, till such manufacturer or other person satisfi es the Director that the article corresponds to the description limitations provided in section 59A ] ; and thereupon such manufacturer or person shall comply with such requisition during the said period. ] 8[CHAPTER IV-B.
CONTROL AND REGULATION OF DENATURED SPIRITUOUS PREPARATION TO PREVANT THEIR USE AS INTOXICATING LIQUOR.