(1) Whoever, being the owner or occupier, or having the use or care or management or control of any place, knowingly permits it to be used for the purpose of the commission by any other person of any offence punishable under this Act, 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 :
Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the court, the imprisonment shall not be less than three months and fi ne shall not be less than fi ve hundred rupees.
(2) It shall be presumed until the contrary is proved, that a person accused of an offence under sub-section (1) as committed such offence if the offence committed by that other person is proved to have been committed in the premises in his immediate possession
87. A chemist, druggist, apothecary or keeper of a dispensary who allows any liquor, which has not been Bona fi de medicated for medicinal purposes according to the prescription of a 5[registered medical practitioner] or any intoxicaing drug to be consumed on his business premises by any person, 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.
1. This proviso was deleted by Guj. 7 of 2005, s. 3 (a) (ii).
2. This proviso was deleted, ibid, s. 3 (b) (i).
3. This proviso was deleted ibid, s. 3 (b) (ii).
4. Sub-section (2) was added by Bom. 26 of 1952, s. 38 (2).
5. These words were substituted for the words ‘medical practitioner” by Bom.12 of 1959, s. 10.
Penalty for allowing any premises to be used for purpose of committing an offence under Act.
Penalty for chemist, druggist or a pothecary for allowing his premises to be used for purpose of consumption of liquor.
40 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV
88. If a 1[registered medical practitioner] issues a prescription with the intention that such prescription shall be used by the person to whom it is issued for the purpose of consuming liquor, intoxicating drug or opium in contravention of the provisions of this Act, or rule, regulation or order made-thereunder or any licence, permit, pass or authorization granted under this Act, be 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.
89. Any person who maliciously and falsely gives information to any person exercising powers under this Act leading to a search, seizure, detention or arrest 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.
90. Whoever is guilty of any wilfull act or intentional omission in contravention of the provisions of this Act, or any rule, regulation, or order made thereunder or of any licence, permit, pass or authorization granted under this Act, and if such act or omission is not otherwise made an offence under this Act, shall, on conviction, be punished with the 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.