(l) Whoever in contravention of the 4[provisions of section 59AA or, as the case may be, of section 59A]— 5[(la) manufactures, imports or exports any article mentioned in section 24A, or]
(a) sells, uses or disposes of any liquor otherwise than as an ingredient of any 6[article mentioned in section 24A], or
(b) uses more alcohol 8[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 such 9[article], or
(c) knowingly sells 10[any such article] for being used as an intoxicating drink, or sells any such article under circumstances from which he might reasonably deduce the intention of the purchaser to use them for such purpose, shall, on convicition, be punished with imprisonment for a term which may extend to one year or with fi ne or with both.
1. This sub-seciion was added by Bom. 22 of 1960 s. 53.
2. This section was inserted, ibid., s. 54.
3. Sections 67A and 67B were inserted by Bom. 26 of 1952, s. 31.
4. These words, figures and letters were substituted for the words, figures and letter “provisions of section 59A” by Bom. 22 of 1960, s. 55(a)(i).
5. Clause (la) was inserted, ibid., s. 55 (a) (ii).
6. These words, figures and letter were substituted for the words “medicinal or toilet preparation” by Bom. 36 of 1954, s. 11 (i)(a).
7. These words, figures and letter were substituted for the words “medicinal or toilet preparations”, ibid., s.11(iii).
8. These words, fi gures and letter were substituted for the words “in the manufacture of such article which may be used as intoxicating liquor” by Bom. 22 of 1960, s.55(a) (iii).
9. This word was substituted for the word “preparation” by Bom. 36 of 1954,s.ll(i)(b).
10. These words were substituted for the words, fi gures and letter “any article to which section 24 A applies”, ibid, s. ll(i)(c).
Penalty for contravention of provision regarding prescrip tions.
Penalty for manufacturenig 7[articles mentioned in section 24A] in contravention of the provisions of section
59A.
32 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV
(2) No person who has been convicted for any offence under this section or has paid any sum of money under section 104 1[by way of composition] for such offence shall be entitled to manufacture, import or to sell any 2[articlc mentioned in section 24A] for a period of one year from the date of such convic tion or payment, and any person who imports, manufactures or sells any 3[such article] in contravention of this sub-section shall be liable to the same punish ment as is provided for an offence punishable under section 65.
67 B. 4[(1)] If the manufacturer of any of the articles mentioned in section 24A fails to show to the satisfaction of the Director that the article correspondens to the description and limitations provided in section 59A, his licence for the purchase, use of possession of liquor or alcohol for the manufacture of such article shall be revoked.
5[(2) Any person who fails to comply with any requisition made by the Director under sub-section (2) of section 59B, shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fi ne or with both.]
7[67C. Whoever,—
(a) in contravention of the provisions of section 59C possesses, without a permit, any denatured spirituous preparation in excess of the quantity prescribed under that section, or
(b) in contravention of the provisions of section 59D, manufactures, sells, bottles for sale or imports, exports or transports, any denatured spirituous preparation, or
(c) drinks any denatured spirituous preparation, 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 :
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 fi ne shall not be less than fi ve hundred rupees ;
(ii) for a second offence, with imprisonment for a trerm which may extend to two years and with fi ne which may extend to two thousand rupees :
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 six months and the fi ne shall not be less than one thousand rupees ;
(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 :
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 nine months and fi ne shall not be less than one thousand rupees.]
1. These words were inserted by Bom. 22 of 1960, s. 55(b).
2. These words, fi gures and letter were substituted for the words, fi gures and letter “preparation to which section 24 A applies” by Bom. 36 of 1954, s. ll(ii)(a).
3 These words were substituted for the words “such preparation”, ibid., s. ll(i)(b).
4. The original section 67-B was renumbered as sub-section (1) of that section by Boa. 20 of 1955, s. 6(1).
5. Sub-section (2) was added, ibid.
6. This marginal note was substituted ibid., s. 6 (2).
7. This section was inserted by Bom. 22 of 1950, s. 56.
6[ Penalty for failure to satisfy the Director under subsec tion (1), or to comply with a requisition under subsection (2), of section 59 B].
Penalty for possessing, etc., denatured spirituous preparation in contravention of provisions of sections 59C and
59D.
1949 : Bom. XXV ] Gujarat Prohibition Act, 1949 33
68. Whoever—
(a) opens, keeps or uses any place as a common drinking house ; or
(b) has the care, management or control of, or in any manner assists in conducting the business of any place opened, kept or used as a common drinking house, 1[shall, on conviction, be punished for each such offence with imprisonment for a term which may extend to three years and also with fi ne :
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 fi ne shall not be less than fi ve hundred rupees ;
(ii) for a second offence, such imprisonment shall not be less than nine months, and fi ne 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 fi ne shall not be less than one thousand rupees.]
69. Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made or licence, permit or pass granted thereunder, imports, exports, 2[collects], transports, sells, 2[buys] or has in his possession mhowra fl owers 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 :
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 fi ne shall not be less than fi ve hundred rupees;
(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 :
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 six months and fi ne shall not be less than one thousand rupees ;
(iii) for a third and subsequent offences, with imprisonment for a term which may extend to two years and with fi ne which may extend to two thousand rupees :
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 nine months and fi ne shall not be less than one thousand rupees :
Provided further that no person shall be punished in respect of any mhowra fl owers which are either growing on a tree or are lying collected on the ground as they have fallen from a tree.
1. This portion was substituted for the original by Bom. 22 of 1960, s. 57.
2. This word was inserted by Bom. 26 of 1952, s. 32.
Penalty for opening etc., of common driniking house.
Penalty for illegal import, etc.
of mhowra fl owers.
H-2065—9 34 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV
70. Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made or of any licence or permit granted thereunder, exports, imports, transports, sells or has in his possession molasses 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 rupess or with both.
1[70 A. Whoever in contravention of the provisions of this Act or any rule, regulation or order made or of any licence, permit, pass or authorisation granted thereunder possesses, manufactures, uses or consumes rotten gur or ammonium chloride shall, on conviction, be punished with imprisonment for a term which may extend to six mohths and with fi ne which may extend to one thousand rupees.]
71. [ Penalty for selling molasses at price exceeding fi xed price.] Deleted by Bom.
26 of 1952, s. 33.
2[72. Whoever, in contravention of the provisions of this Act or of any rule, regulation or order made, or pass granted, thereunder, removes any intoxicant, hemp, mhowra fl owers or molasses from any distillery, warehouse, godown or other place of storage established or licensed under this Act shall, on conviction, be punished with imprisotiment for a term which may extend to one year or with fi ne which may extend to one thousand rupees or with both.]
73. Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made thereunder, prints, or publishes in any newspapers news-sheet, book, leafl et, booklet, or any single or periodical publication otherwise displays or distributes any advertisements or other matter—
(a) which 3[*]solicits the use of or offers any intoxicant or hemp, or
(b) which is calculated to encourage or incite any individuals or class of individuals or the public generally to commit an offence under this Act, or to commit a breach of, or to evade the provisions of, any rule, regulation or order made thereunder or of the conditions of a licence, permit, pass or authorization granted thereunder.
shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fi ne which may extend to fi ve hundred rupees or with both.
74. Whoever, in contravention of a notifi cation issued under sub-section (3) of section 24, circulates, distributes or sells any newspaper, news-sheet, book, leafl et, booklet, or other publication printed and published outside the 4[State] which contains any advertisement or matter,—
(a) which 5[*] solicits the use of or offers any intoxicant or hemp, 6[or]
(b) which is calculated to encourage or incite any individual or class of individuals or the public generally to commit any offence under this Act, or to commit a breach of or to evade the provisions of any rule, regulation or order made thereunder or the conditions of any licence, permit, pass or authorization granted thereunder.
1. Section 70 A was inserted by Guj. 9 of 1978 s. 9
2. This section was substituted by Bom. 22 of 1960, S. 58.
3. The word “ commends “ was deleted, by Bom. 26 of 1952, S. 34.
4. This words were substituted for the words “prereorganisation state of Bombay excluding the transferred territories” by Bom. 12 of 1959, S. 3.
5. The words “commends” was deleted by Bom. 26 of 1952, S. 35 (1)
6. This word was inserted, ibid., S. 35 (2) Penalty for illegal import, etc., of molasses.
Penalty for illegal possession, etc., of rotten gur or ammonium chloride.
Panelty for removal of intoxi cant, etc.
Penalty for printing or publishing advertisement in contravention of provisions of Act, etc.
Penalty for circulating, etc., news papers etc., containing advertisements regarding intoxicants, etc.
1949 : Bom. XXV ] Gujarat Prohibition Act, 1949 35 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.
75. Whoever, in contravention of the provisions of this Act or any rule, regulation or order made thereunder—
(a) 1[*] solicits the use of or offers any intoxicant or hemp, or 3[ * * * ]
(c) does any act which is calculated to incite or encourage any individual or a class of individuals or the public generally to commit an offence under this Act or to commit a breach of any rule, regulation or order made or of conditions of a licence, permit, pass or authorization granted thereunder.
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.
4[75A. Whoever, in contravention of the provisions of section 43,—
(a) drinks in a public place or in the rooms of a hotel or institution to which the public may have access,
(b) allows the use or consumption of any quantity of foreign liquor possessed by him to any other person,
(c) serves liquor at any ceremonial or other function or any assembly of persons where persons ( not being members of his family or his employees) not holding permits under sections 40, 41, 46, 46A or 47 are present, shall, on conviction, be punished for every such offence with imprisonment which may extend to six months or with fi ne which may extend to one thousand rupees, or with both. ]
76. Whoever in contravention of the provisions of this Act, rule or regulation or order or condition of any licence, permit or pass granted under this Act,—
(a) neglects to supply himself with measures and weights for measuring and weighing any intoxicant or hemp, or with instruments for testing the strength of liquor or keep the same in good condition, or
(b) refuses to measure, weigh or test any intoxicant or hemp in his possession 5[ or to have it weighed, measured or tested ],
1. The word “ commends “ was deleted by Bom. 26 of 1952, s. 36 (1).
2. Clause (b) was deleted, ibid., 36 (2).
3 The words “prustrating provisions of this Act” were deleted ibid., s. 36 (3).
4. This section was inserted by Bom. 22 of 1960, s. 59.
5. These words were added, ibid., s. 60.
Penalty for inciting or encouraging certain acts.
2*** Penalty for contravention of provisions of section 43.
Penalty for neglect to keep measures, etc.
36 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV shall, on conviction be be punished for each such offence with fi ne which may extend to two hundred rupees.
77. Whoever, being the holder of a licence, permit, pass or authorization granted under this Act or a person in the employ of such holder or acting with his express or implied permission on his behalf—
(a) fails to porduce licence, permit, pass or authorization on demand by a Prohibition Offi cer or any other offi cer duly empowered if such licence, permit, pass or authorization is in his possession or control, or
(b) wilfully does or omits to do anything in contravention of any rule, regulation or order made under this Act, or 1[* * * *] shall, on conviction, be punished for each such offence with imprisonment for a term which may extend to 2[six] months, or with fi ne which may extend to 3[fi ve hundred ] rupees or with both.
78. Whoever, being the holder of a licence for the sale or manufacture of any introxicant undet this Act, or a person in the employ of such holder or acting with his express or implied permission on his behalf—
(a) mixes or permits to be mixed with the said intoxicant any noxious drug or any foreign ingredient likely to add to the actual or apparent intoxicating quality or strength or any article prohibited by any rule made under this Act or water except for the purpose of reducing liquor to the strength prescribed in the licence, or any diluting or colouring substance or any ingredient whatsoever likely to render the intoxicant inferior in quality whether such ingredient is or is not prohibited as aforesaid, when such admixture shall not amount to the offence of adulteration under section 272 of the Indian Penal Code, or
(b) sells or keeps or exposes for sale as foreign liquor, liquor which he knows or has reason to believe to be country liqour, or
(c) marks the cork of any bottle, or any bottle, case, packages or other receptacle, containing country liquor, or uses any bottle, case, package or other receptacle containing country liquor with, any mark thereon or on the cork thereof with the intention of causing it to be believed that such bottle, case, package or other receptacle contains foreign liquor, when such act shall not amount to an offence of using a false trade mark with intent to deceive or injure any person under section 482 of the Indian Penal Code, or
1. Clause (c) was deleted by Bom. 22 of 1960, s. 61 (a).
2. This word was substituted for the word “three” ibid., s. 61 (b).
3. These words were substituted for the words “two hundred.” ibid.
Penalty for misconduct by licence, etc.
Penalty for misconduct by licensed vendor or manufacturer.
XLV of
1860.
XLV of
1860.
1949 : Bom. XXV ] Gujarat Prohibition Act., 1949 37
(d) sells or exposes for sale, any country liquor in a bottle case or package or other receptacle, with any mark thereon, or on the cork thereof with the intention of causing it to be believed, that such bottle, case, package or other receptacle contains foreign liquor, when such act shall not amount to the offence of selling goods marked with a counterfeit trade mark under section 486 of the Indian Penal Code, or
(e) sells any intoxicant which is not of the nature, substance and quality demanded by the purchaser or keeps or exposes for sale any intoxicant which is not of the nature, substance and quality authorised by the terms of the licence to be kept for sale by the holder of the licence, shall, on conviction, be punished for each such offence with imprisonment for a term which may extend to six months and with fi ne which may extend to one thousand rupees.
79. The holder of a licence, permit, pass or authorization granted under this Act shall be responsible as well as the actual offender, for any offence committed by any person in his employ or acting with his express or implied permission on his behalf under the provisions of this Act as if he himself had committed the same, unless he shall establish that all due and reasonable precautions were exercised by him to prevent the commission of such offence :
Provided that no person other than the actual offender shall be punished with imprisonment except in default of payment of fi ne.