Whoever in contravention of this Act, or of any rule, notification or order made, iss ued or given thereunder, or of any l icence permit or pass granted under this Act. —
(a) opens, keeps or use any place as a common drinking -house; or
(b) has the care, management or control of , or in any manner assists in conducting the business of any place opened, kept or used as common drinking house;
shall be punishable with imprisonment for a term which may extend to one year or with fine which shall not be less than two hundred rupees but which may extend to two thousand rupees, or with both.
28 36-B. Penalty for being drunk or for purpose of drinking in a common drinking-house—Whoever, in contravention of this Act or rule or notification or any order made, issued or given thereunder, or of any l icence, permit or pass granted under this Act, is found dr unk or drinking is a common drinking house or is found there present for the purpose of drinking shall he punishable with fine which may extend to one thousand rupees and any person found in a common drinking-house during any drinking therein shall be presumed unti l the contrary is proved, to have been there for the purpose of drinking.
36-C. Penalty for permitting a place to be used for the commission by other person of any offence punishable under Section 34, Section 35, Section 36 or Section 36-A—Whoever, being the owner or occupier or having the use or care or management or control of any place, knowingly permits i t to be used for the commission by any other person of any offence punishable under Section 34, Section 35, Section 36 or Section 36 -A shall be punishable with imprisonment for a t erm which may extend to one year or with fine which shall not he less than two hundred rupees but which may extend to two thousand rupees or with both.
36-D. Execution of bond to abstain from commission of offences punishable under Section 34 or Section 36. — (1) Whenever any person is convicted of an offence punishable under Section 34 or Section 36, and the Magistrate convicting him is of opinion that i t is necessary to require such person to execute a bond to abstain from the commission of offences punishable under those sections; the Magistrate may, at the t ime of passing sentence on such person, order him to execute a bond for a sum proportionate to his means, with or without suret ies, to abstain from the commission of such offences during such period, not exceeding three years, as he may direct .
Form of bond and applications of the provisions of the Code of Criminal Procedure to all matters connected with such bond. — (2) The bond shall be in the form contained in the Second Schedule and the provisions of the Code of Criminal Procedure 1898 (V of 1898) shall in so far as they are applicable, apply to al l matters connected with such bond as if i t were a bond to keep the place ordered to be executed under Section 106 o f that Code.
Circumstances in which bond shall be void. — (3) If the conviction is set aside on appeal or otherwise, the bond so executed shall become void.
Power of Appellate Court or the High Court to make order. — (4) An order under this section may also be made by an Appellate Court , or by the High Court when exercising i ts powers of revision.
29 36-E. Magistrate to require a person to show cause why he should not be ordered to execute a bond for good behaviour. — (1) Whenever a Magistrate of the firs t class specially empowered in this behalf by the State Government receives information that any person within the local l imits of his jurisdiction habitually commits, or at tempts to commit, or abets the commission of an offence punishable under Section 34 or S ection 36, such Magistrate may require such person to show cause why he should not be ordered to execute a bond, with sureties, for his good behaviour for such period, not exceeding three years, as the Magistrate may direct .
Application of provision of the Code of Criminal Procedure to proceeding under sub-section (1).— (2) The provisions of the Code of Criminal Procedure, 1898 (V of 1898), shal l , in so far so they are applicable, apply to any proceedings under sub -section (1) as if the bond referred to th erein were a bond required to he executed under Section 110 of that Code.