(1) In a prosecution under section 32, 33, 34, 35, 36 or section 37, it shall be presumed, until the contrary is proved, that the accused person has committed the offence punishable under that section in respect of any liquor, still, utensil, implement or apparatus, for the possession of which he is unable to account satisfactorily.
(2) Where any animal, vessel, cart or other vehicle is used in the commission of any offence under this Regulation, and is liable to confiscation, the owner thereof shall be deemed to be guilty of such offence and such owner shall be liable to be proceeded against and punished accordingly unless he satisfies the Court that he had exercised due care in the prevention of the commission of such an offence.
65. If any person, after having been previously convicted of an offence punishable under this Regulation, subsequently commits and is convicted for the same offence, he shall be liable to twice the punishment provided for the first conviction subject to the maximum punishment provided for such offence and with twice the fine amount provided under the first conviction, or with both.
66. Where at any time during the trial of any offence under this Regulation alleged to have been committed by any person, not being the manufacturer, distributor or dealer of any liquor, the Court is satisfied, on the evidence adduced before it, that such manufacturer, distributor or dealer is also concerned with that offence, then, the Court may, notwithstanding anything contained in sub-section (3) of section 358 of the Bharatiya Nagarik Suraksha Sanhita, 2023, proceed against him under the respective provisions of this Chapter.
Offences relating to attempt to commit offence.
Punishment for making vexation search, seizure, detention or arrest.
Punishment for refusing to perform or withdraw from duty.
Punishment for offences not otherwise provided for.
Presumption as to commission of offence in certain cases.
Enhanced punishment after previous conviction.
Power of Court to implead manufacturer, etc.
16 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— Commission of offence by companies.
Procedure in case of offences.
Procedure for adjudication in case of other contraventions.