(1) Whoever, in contavention of this Act, or any rule, notification or order, made, issued or given thereunder, or of any licence or permit granted under this Act, imports, exports, transports, manufactures, collects or possesses any intoxicant, shall, on conviction, 1[be punished for each offence with rigorous imprisonment for a term which may extend to 2[five years and with fine which may extend to fifty thousand rupees.]2]1 1[Provided that the punishment,-
(i) for the first offence shall be not less than 4[2[one year rigorous imprisonment and fine of not less than ten thousand rupees]2]4; and
(ii) for the second and subsequent offences shall be not less than 2[two years rigorous imprisonment and fine of not less than twenty thousand rupees]2 for each such offence.]1
(2) Whoever in contravention of this Act, or of any rule, notification or order made, issued or given thereunder, or of any licence or permit granted under this Act,-
(a) save in the cases provided for in section 37, sells any intoxicant; or
(b) cultivates or fails to take the measures prescribed for checking the spontaneous growth or for the extirpation of the hemp plants; or
(c) taps or draws toddy from any toddy-producing tree or;
(d) constructs or works any distillery or brewery; or
(e) uses, keeps or has in his possession any materials, still, utensil, apparatus or implement whatsoever for the purpose of manufacturing any intoxicant other than toddy ; or
(f) removes any intoxicant from any distillery, brewery or warehouse licenced, established or continued under this Act ; or 1966: KAR. ACT 21] Excise 389
(g) bottles any liquor;
shall, on conviction, 1[be punished for each offence with rigorous imprisonment for a term which may extend to 2[five years and with a fine which may extend to twenty thousand rupees]2]1 .
1[Provided that the punishment,-
(i) for the first offence shall be not less than 4[one year rigorous imprisonment and fine of not less than five thousand rupees]4; and
(ii) for the second and subsequent offences shall be not less than 2[one year rigorous imprisonment and fine of not less than ten thousand rupees]2 for each such offence.]1 3[(3) Whoever, being the owner or incharge of management or control of any public place allows consumption of liquor or whoever consumes liquor in any public place in which consumption of liquor is not permitted under a licence granted by the Excise Commissioner or the Deputy Commissioner, in contravention of the provisions of section 15A, shall on conviction be punished with fine which shall not be less than rupees two hundred but which may extend to 4[five thousand rupees.]4]3 5[“(4) Whoever violates the provisions of section 13A or the rules made thereunder shall on conviction be punished with a fine of rupees five thousand for each time, upto first five offences. In case of subsequent offence, he shall be punished with an imprisonment for a term of six months or with fine which may extend to ten thousand rupees or with both.”]5
1. Substituted by Act 1 of 1970 w.e.f. 23-12-1969.
2. Substituted by Act 36 of 1987 w.e.f.10-8-1987.
3. Inserted by Act 15 of 2001 w.e.f. 19.4.2001.
4. Substituted by Act 14 of 2005 w.e.f. 11.4.2005.
5. Inserted by Act 01of 2017 w.e.f. 4.1.2017.