(1) Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court, when passing an order under this Regulation may, if it is satisfied that death or injury has been caused to any person due to consumption of liquor sold in any place, order the manufacturer or seller, whether or not he is convicted of an offence, to pay, by way of compensation, an amount not less than three lakh rupees to the legal representatives of each deceased, or two lakh rupees to the person to whom grievous injury has been caused, or twenty thousand rupees to the person for any other consequential injury:
Provided that where such liquor is sold in a licensed shop, the liability to pay the compensation under this section shall be on the licensee.
45 of 2023.
46 of 2023.
Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 13
(2) Any person aggrieved by an order under sub-section (1) may, within a period of thirty days from the date of order, prefer an appeal to the High Court:
Provided that no appeal shall be filed by the accused unless the amount ordered to be paid under sub-section (1) is deposited by him in the Court:
Provided further that the High Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.
42. Whoever sells, or keeps, or exposes for sale, as foreign liquor which he knows or believes it to be Indian liquor, shall be punishable with imprisonment which may extend to six months, and with fine which may extend to one lakh rupees or five times the value of liquor, whichever is higher.
43. Whoever has in his possession, any liquor, knowing that it shall be liable to penalty for having unlawfully imported, transported or manufactured, or knowingly avoids payment of duty for possession of liquor, shall be punishable with imprisonment for a term which may extend to six months and with fine which may extend to one lakh rupees, or five times the value of liquor, whichever is higher.