(1) Notwithstanding anything contained in this Act, whoever,-
(a) manufactures laththa,
(b) constructs or works any distillery or brewery for it,
(c) sells or buys laththa, or
1. These brackets and words were inserted by Bom. 22 of 1960, s. 49(a).
2. These brackets and words were substituted for the brackets and words “(other than toddy)”, ibid., s. 49(b).
3. This clause was inserted ibid., s. 49(c).
4. This portion was substituted for the portion beginning with the words “shall on conviction be punished” to the end of the section, ibid., s. 49(d).
5. This proviso was delected by Guj. 29 of 2011, s. 3.
6. Section 65A was inserted ibid, s. 4.
Regulation of manufacture, etc., of ammonium chloride.
Provision of sections 53 to 59 to apply to licences, permits, etc., granted under sections 64, 64 A and 64 B.
Penalty for illegal import, etc., of intoxicant or hemp.
Punishment for laththa.
1949 : Bom. XXV ] Gujarat Prohibition Act, 1949 29
(d) uses, keeps, transports or has in his possession laththa, shall, on conviction be punished with imprisonment for a term which may extend to ten years, but shall not be less than seven years and also with fi ne.
(2) When there has been death of any person by the consumption of the said laththa mentioned in sub-section (1) above, the person who has manufactured, kept, sold or arranged to make it drink or distributed laththa shall, on conviction, be punished with death or imprisonment for life and shall also be liable to fi ne.
(3) Whoever keeps, sells, buys or supplies any material for manufacture of the laththa and when there has been death of person by the consumption of the said laththa shall, on conviction, be punished for a term up to imprisonment for life and shall also with fi ne.” ]
66. 1[(1)] Whoever in contravention of the provisions of this Act, or of any rule regulation or order made, or of any licence, permit, pass or authorization issued, thereunder— 2[ * * * * * *]
(b) consumes, uses, possesses or transports any intoxicant 3[other than opium,] or hemp,
(c) taps or permits to be tapped any toddy producing tree,
(d) draws or permits to be drawn toddy from any tree, 4[(e) enters the territory of the State in an intoxicated condition or under the infl uence of an intoxicant (other than opium ) or hemp, after having consumed such intoxicant or hemp at any place outside the State,] shall, on conviction, be punished,—
(i) for a fi rst offence, with imprisonment for a term which may extend to six months and with fi ne which may extend to one thousand rupees;
5[ * * * * *]
(ii) for a second offence, with imprisonment for a term which may extend to two years and with fi ne which may extend to two thousand rupees;
6[ * * * * *]
(iii) for a third or subsequent offences, with imprisonment for a term which may extend to two years and with fi ne which may extend to two thousand rupees;
7[ * * * * *] 8[ (2) Subject to the provisions of sub-section (3), where in any trial of an offence under clause (b) of sub-section (1) for the consumption of an intoxicant 9[or in any trial of an offence under clause (e) of sub-section (1) for entry in the territory of the State after consumption of an intoxicant or hemp at any place outside the State], it is alleged that the accused person consumed liquor, and it is proved that the concentration of alcohol in the blood of the accused person is 10[ not less than 0.05
1. Section 66 was renumbered as sub-section (1) by Bom. 12 of 1959, s. 9.
2. Clause (a) was deleted by Bom. 22 of 1960, s. 50 (a).(i).
3. These brackets and words were inserted ibid., s. 50 (a) (//).
4. Clause (e) was inserted by Guj. 9 of 1978, s. 8(1).
5. This proviso was deteted by Guj. 7 of 2005, s. 2 (i).
6. This proviso was deteted ibid., s. 2 (ii).
7. This proviso was deteted ibid., s.2 (iii).
8. Sub-sections (2) and (3) were added by Born. 12 of 1959, s. 9.
9. These words, brackets, letter and fi gure were inserted by Guj. 9 of 1978, s. 8(2)(a).
10. These words and fi gures were substituted and were deemed always to have been substituted for the words and fi gures “not less than 0.05 per cent.” by Bom. 22 of 1960, s. 50(b) Penalty for iilegal cultivatation and collection of hemp and other matters.
H-2065—8 30 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV per cent., weight in volume], then the burden of proving that 1[ the liquor consumed was a medicinal preparation consumed in quantity not in excess of normal dose as defi ned in section 24-1A or that the liquor consumed was a toilet preparation] or an antiseptic preparation or solution, or a flavouring extract essence or syrup, containing alcohol, the consumption of which is not in contravention of the Act or any rules, regulations or orders made thereunder, shall be upon the accused person, and the Court shall in the absence of such proof presume the contrary.
(3) The provisions of sub-section (2) shall not apply to the consumption of any liquor—
(a) by in-door patients during the period they are being treated in any hospital, convalescent home, nursing home, or dispensary, maintained or supported by Government or a local authority, or by charity, or
(b) by such other persons, in such other institutions, or in such circum stances as may be prescribed.]
2[66A. Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made thereunder or of any licence, pass, permit or authorisation granted by or under this Act, imports, exports, transports, consumes, uses, possesses, sells or buys, opium shall, on conviction be punished for each such offence with imprisonment for a term which may extend to three years and also with fine :
Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court,—
(i) for a fi rst offence, such imprisonment shall not be less than six months, and fine shall not be less than five hundred rupees,
(ii) for a second offence, such imprisonment shall not be less than nine months and fine shall not be less than one thousand rupees,
(iii) for a third or subsequent offences, such imprisonment shall not be less than one year and fine shall not be less than one thousand rupees.]
67. 3[(1)] Whoever in constravention of section 21 alters or attempts to alter any denatured spirit or has in his possession any spirit in respect of which he knows or has reason to believe that any such alteration or attempt has been made shall, on conviction be punished with imprisonment for a term which may extend to one year and with fi ne which may extend to one thousand rupees :
Provided that in ihe absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than three months and fine shall not be less than five hundred rupees.
4[(2) In prosecutions under this section, it shall be presumed, until the contrary is proved, that the alteration or attempt to alter any denatured spirit was done with the intention that such spirit may be used for human consumption as an intoxicating liquour. ] 5[67-1A. 6[(1)] Whoever in contravention of section 21A alters or attempts to alter any denatured spirituous preparation or has in his possession any such preparation in respect of which he knows or has reason to believe that any such alteration or attempt has been made shall, on conviction, be punished with imprisonment for a term which may extend to one year and with fi ne which may extend to one thousand reupees:
1. These words, fi gures and letter were substituted for the words “the liquor consumed was a medicinal or toilet preparation” by Guj. 9 of 1978, s. 8(2) (b).
2. This section was inserted by Bom. 22 of 1960, s. 51.
3. Section 67 was renumbered as sub-section (1), ibid.., s. 52.
4. This sub-section was added, ibid.
5. Section 67-A was inserted by Bom. 36 of 1954, s. 10.
6. Section 67-A was renumbered as sub-section (1) by Bom. 22 of 1960, s. 53.
Penalty for illegal import, etc., of opium.
Penalty for alteration or attempting to alter denatured spirit Penalty for altera tion or attempting to alter denatured spirituous preparation.
1949 : Bom. XXV ] Gujarat Prohibition Act, 1949 31
Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than three months and fine shall not be less than five hundred rupees.]
1[(2) In prosecutions under this section it shall be presumed, until the contrary is proved, that the alteration or attmept to alter any denatured spirituous prepara tion was done with the intention that it may be used for human consumption as an intoxicating liqour.]
2[67-1B. Whoever—
(a) not being a registered medical practitioner issues a prescription for intoxicating liquour, or
(b) being a registered medical practitioner,—
(i) prescribes intoxicating liquor in contravention of the provisions of sub-section (2) of section 22A, or
(ii) fails, without reasonable excuse, to state in the prescription for intoxicating liquor the particulars required by that section to be stated therein, or
(iii) fails to preserve such prescription, or a copy thereof, for the period for which it is required by that section to be preserved, shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fi ne which may extend to one thousand rupees or with both.]