(1) In the event of any breach by the holder of any licence, permit, pass or authorisation granted under this Act or by his servants or by any person acting with his express or implied permission on his behalf, of any of the terms or conditions of such licence, permit, pass or authorisation, such holder shall, in addition to the cancellation or suspension of the licence, permit, pass or authorisation granted to him, be punished, on conviction 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, unless it is proved at all due and reasonable precautions were exercised by him to prevent any such breach.
XLV of
1860.
Liability of licensee for acts of servants import, export, etc. of intoxicant by any person on account of another.
Penalty for attempts or abetment., Breach of licence, permit, etc.
to be an offence.
H-2065—10 38 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV
(a) Any person who commits any such breach shall, whether the acts with or without the permission of the holder of the licence, permit, pass or authorization be liable to the same punishment.
83. When two or more persons agree—
(a) to commit or cause to be committed any offence under this Act, or
(b) 1[***] to commit a breach of a condition of a licence, permit, pass or authorization, each of such persons shall, on conviction, be punished with imprisonment for a period which may extend to two years or with fi ne which may extend to one thousand rupees or with both.
84. Whoever is found drunk or drinking in a common drinking house or is found there present for the purpose of drinking, shall, on conviction, be punished with fi ne which may extend to fi ve hundred rupees. Any person found in a common drinking house during any drinking therein shall be presumed, until the contrary is proved, to have been there for the purpose of drinking.
85. 2[(1)] Whoever, in any street or throughfare or public place or in any place to which the public have or are permitted to have access—
(1) is drunk and incapable of taking care of himself, or
(2) behaves in a disorderly manner under the infl uence of drink, 3[or
(3) is found drunk but who is not the holder of a permit granted under the provisions of this Act or is not eligible to hold a permit under section 40, 41, 4[46 or 46A] ].
shall, on conviction, be punished, —
(i) for an offence under clause (1) 5[ or clause (3) ],
(a) for a fi rst offence, with imprisonment for a term which may extend to one month and with fi ne which may extend to two hundred rupees:
6[* * * * * ]
1. The words “ to defeat or frustrate the provisions of this Act, rules, regulation or order, or” were deleted by Bom. 26 of 1952, s. 37
2. Section 85 was renumbered as sub-section (1) of the said section, ibid, s. 38.
3. This portion was inserted, ibid., s. 38 (1).
4. There fi gures, word and letter were substituted for the word and fi gures “or 46’’ by Bom. 20 of 1955, s. 7.
5. These words, brackets and fi gure were inserted by Born. 18 of 1953, s 3 Second Schedule.
6. This proviso was deleted by Guj, 7 of 2005, s. 3 (a) (i).
Penalty for conspiracy.
Penalty for being found drunk in any drinking house.
Penalty for being drunk and for disorderly behaviour.
1949 : Bom. XXV ] Gujarat Prohibition Act., 1949 39
(b) for subsequent offence, with imprisonment for a term which may extent to six months and with fi ne which may extent to fi ve hundred rupee;
1[* * * * * ]
(ii) for an offence under clause (2),—
(a) for a fi rst offence, with imprisonment for a term which may extent to three months and with fi ne which may extent to fi ve hundred rupee;
2[* * * * * ]
(b) for a subsequent offence, with imprisonment for a term which may extent to one year and with fi ne which may extent to one thousand rupees;
3[* * * * * ] 4[(2) In prosecution for an offence under sub-section (7), it shall be presumed until the contrary is proved that the person accused of the said offence has drunk liquor or consumed any other intoxicant for the purpose of being intoxicated and not for a medicinal purpose.]