1 [(1) Whoever, in contravention of any provisions of this Act, or of the rules made thereunder or notification issued, or any order made, or of any license, permit or pass granted under this Act-
1. Section “39” substituted vide H.P. Act No. 10 of 2024.
20 THE HIMACHAL PRADESH EXCISE ACT, 2011
(a) produces, manufactures, possesses, imports, exports or transports any liquor, or
(b) constructs or works any distillery or brewery or winery or warehouse, or
(c) uses, keeps or has in his possession any material, still, utensil, implement or apparatus whatsoever, for the purpose of manufacturing or producing any liquor, shall be punishable for every such offence with imprisonment for a term which may extend to three years but shall not be less than six months and with fine which may extend to three lakh rupees but shall not be less than fifty thousand rupees:
Provided that in the case of an offence relating to the possession of-
(i) a working still for manufacture of any liquor, the imprisonment for a term which may extend to five years but shall not be less than three years and with fine which may extend to three lakh rupees but shall not be less than one lakh rupees;
(ii) lahan, the imprisonment for a term which may extend to five years but shall not be less than one year and with fine which may extend to five lakh rupees but shall not be less than fifty thousand rupees;
(iii) country liquor manufactured otherwise than in a licensed distillery or warehouse in Himachal Pradesh-
(a) in a quantity not exceeding seven-and-a-half litres, the imprisonment for a term which may extend to one year but shall not be less than six months and with fine which may extend to one lakh rupees but shall not be less than thirty thousand rupees; and
(b) in a quantity exceeding seven-and-a-half litres, the imprisonment for a term which may extend to three years but shall not be less than one year and with fine which may extend to five lakh rupees but shall not be less than one lakh rupees;
(iv) foreign liquor other than,-
(a) manufactured in a licensed distillery or brewery or winery or warehouse in India; or
(b) imported into India on which custom duty is leviable under the Customs Tariff Act, 1975 or the Customs Act, 1962, the imprisonment for a term which may extend to three years but shall not be less than one year and with fine which may extend to three lakh rupees but shall not be less than one lakh rupees:
THE HIMACHAL PRADESH EXCISE ACT, 2011 21
Provided further that in the case of an offence relating to import, export or transport of-
(i) country liquor exceeding two hundred and twenty-five litres, "FOR SALE IN HIMACHAL PRADESH" or eighteen litres of liquor other than "'FOR SALE IN HIMACHAL PRADESH”; or
(ii) foreign liquor exceeding two hundred and twenty-five litres, "FOR SALE IN HIMACHAL PRADESH” or eighteen litres of liquor other than "FOR SALE IN HIMACHAL PRADESH”; or
(iii) other spirits for which there is provision for grant of license, permit and pass, exceeding five litres, such imprisonment for a term which may extend to three years but shall not be less than one year and with fine which may extend to three lakh rupees but shall not be less than one lakh rupees”; and
(b) in sub-section (2), for the words "shall not be less than six months but which may extend to two years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees", the words "may extend to three years but shall not be less than one year and with fine which may extend to three lakh rupees but shall not be less than one lakh rupees.”.]