(1) Whoever in contravention of section 7 alters or attempts to alter any denatured spirituous preparation or has in his possession any such preparation in respect or which he knows or has reason to believe that any such alteration or attempt has been made shall, on conviction, be punished with imprisonment for a term which may extend to one year and with fine which may be extended to one thousand rupee;
Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the Court, such imprisonment shall not be less than three months and fine shall not be less than five hundred rupees.
(2) In prosecutions under this Section it shall he presumed, until the contrary is proved, that the alteration or attempt to alter any denatured spirituous preparation was done with the intention that it may be used for human consumption as liquor.
47. Penalty For Contravention of Provision Regarding Prescriptions ;- Whoever-
(a) not being a registered medical practitioner issues a prescription for intoxicating liquor, or
(b) being a registered medical practitioner.
(i) prescribes liquor in contravention of the provisions of section 8 or
(ii) fails, without reasonable excuse, to State in the prescription for liquor the particulars required by Section 8 to he Stated therein, or
(iii) fails to preserve such prescription, or a copy thereof, for the period for which it is required by that section to be preserved, shall on conviction, he punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.
48. Penalty For Manufacturing Article Mentioned in Section 4 in Contravention of the Provisions of Section 33 (1) Whoever in contravention of the provisions of section 33,
(a) manufactures, imports or exports any article mentioned in section 4, or
(b) sells, uses or disposes of any liquor other than an ingredient of any article mentioned in section 4. or
(c) uses more alcohol in the manufacture of any of the articles mentioned in section 4 than the quantity necessary for extraction or solution of the elements contained therein and for the preservation of such article, or,
(d) knowingly sells any such article for being used as liquor or sells any such article tinder circumstances from which it might reasonably deduce the intention of the purchaser to use them for such purpose, shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine or with both.
(2) No person who has been convicted for any offence under this Act or has paid any sum of money under this Act by way of composition for such offence shall be entitled to manufacture, import or to sell any article mentioned in section 4 for a period of one year from the date of such conviction or payment, and any person who imports, manufactures or sells any such article in contravention of this Subsection shall be liable to the same punishment as is provided for an offence punishable under section 44
49. Penalty For Failure to Satisfy the Director Under Section 33 (1) If the manufacture of any other articles mentioned in section 4 fails to show to the satisfaction of the Director that the article corresponds to the descriptions and limitations provided in section 33 his licence for the purchases, use or possession of liquor for the manufacture of such article shall he revoked.
(2) Any person who fails to comply with any requisition made by the Director under sub-section (2) of section 34 shall, on conviction, he punished with imprisonment for a term which may he extended to one year or with fine or with both.
50. Penalty For Possessing etc., Denatured spirit or its Preparations in Contravention of Provision of Section 11 and 12: Whoever-
(a) in contravention of the provisions of section 11 possesses, without a permit, any denatured spirit or its preparation in excess of the quantity prescribed under that section, or
(b) in contravention of the provisions of section 12 manufactures, sells, bottles for sale or imports, exports or transports any denatured spirit or its preparation, or drinks ally denatured spirituous preparation, shall on conviction, be punished-
(i) for the first offence, with imprisonment for a term which may extend to six months and with fine which may extend to one thousand rupees
Provided that in the absence of special and adequate reasons to the contrary, to he mentioned in the judgement of the Court, such imprisonment shall not he less than five hundred rupees
(ii) for a second offence, with imprisonment for a term which may extend to two years and with fine which may extend to two thousand rupees
Provided that, in the absence of special and adequate reasons to the contrary to he mentioned in the judgement of the Court, such imprisonment shall not he Less that six months and the fine shall not be less than one thousand rupees;
(iii) for a third or subsequent offences, with imprisonment for a term which may extend to two years and with fine which may extend to two thousand rupees;
Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the Court, such imprisonment shall not be less than nine months and fine shall not be less than one thousand rupees.
51. Penalty For Opening etc. of Common Drinking House; Whoever, being the owner or occupier or having the use of any house, room enclosures, space, vessel, vehicle or place, knowingly permits it to be used for the commission, by any other person, of an offence punishable under this Act or the Rules made thereunder, shall be punished with imprisonment for a term which may extend to six months but not less than one month and with fine which may extend to five hundred rupees but not less than fifty rupees
52. Penalty For Printing or Publishing Advertisement in contravention of Provision of Act, etc: Whoever, in contravention of the provisions of this Act, or of any Rule, Regulation or Order made thereunder prints, or publishes in any newspaper, news-sheet, book, leaflet, booklet, or any single or periodical publication or otherwise displays or distributes any advertisements of other matte.
(a) which solicits the use of or offers any liquor, or
(b) which is calculated to encourage or incite any individual or class of individuals or the public generally to commit an offence under this Act, or to commit a breach of , or to evade the provisions of, any, rule, regulation or order made thereunder or of the conditions of a permit, pass or authorization granted thereunder, shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both.
53. Penalty For Inciting or Encouraging Certain Offence etc. Whoever, in contravention of the provisions of this Act. or any Rule, Regulation or Order made thereunder,
(a) solicits the use of or offers any liquor, or
(b) does any act which is calculated to incite or encourage any individual or a class of individuals or the public generally to commit an offence under this Act or to commit a breach of any Rule, Regulation or Order made thereunder or conditions of a permit pass or authorisation granted thereunder, shall on conviction be punished with Imprisonment for a term which may extend to six months or with fine which max extend to one thousand rupees or with both.
54. Penalty For Contravention or Provisions of Section 18 Whoever, in contravention of provisions of section 18.
(a) drinks in a public place or an institution to which the public may have access,
(b) allows the use or consumption of any quantity of liquor possessed by him to any other person, shall, on consumption, be punished for every such offence with imprisonment which max extend to six months or with fine which may extend to two thousand rupees, or with both.
55. Penalty For Neglect to Keep Measures, etc:
Whoever, in contravention of the provisions of this Act, rule or regulation or order or condition of any permit or pass granted under this Act,
(a) neglects to supply himself, with measures and weights for measuring and weighing any liquor or with instruments for testing the strength of liquor or keep the same in good condition, or
(b) refuses to measure, weight or test any liquor in his possession or to have it, weighed, measured or tested shall, on conviction, be punished for each offence with fine which may extend to two hundred rupees.
56. Penalty For Misconduct By Permit Holder: Whoever, being the holder of a permit, pass or authorization granted under this Act, or a person in the employ of such holder or acting with his express or implied permission on his behalf;
(a) fails to produce, permit, pass or authorisation on demand by a Prohibition Officer or any other officer duly empowered if such, permit, pass or authorisation is in his possession or control, or
(b) wilfully does or omits to do anything in contravention of any rule, regulation or order made under this Act, shall, on conviction, be punished for each such offence with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both.
57. Liability For Acts of Servants: The holder of a permit, pass or authorization granted under this Act shall be responsible as well as the actual offender, for any offence committed by any person in his employ or acting with his express or implied permission on his behalf under the provisions of this Act as if he himself had committed the same, unless he shall establish that all due and reasonable precaution were exercised by him to prevent the commission of such offence
Provided that no person other than the actual offender shall be punished with imprisonments except in default of payment of fine.
58. Penalty For Attempts or Abetment: Whoever, attempts to commit or abets the commission of an offence under this Act shall, on conviction, be punished for such attempt or abetment with the same punishment as is provided for the principal offence.
59. Breach of Licence, Permit, etc. to be an Offence: (1) In the event of any breach by the holder of any permit, pass or authorisation granted under this Act or by his servants or by any person acting with his express or implied permission on his behalf of any of the terms or conditions of such permit, pass or authorization such holder shall, in addition to the cancellation or suspension of the permit, pass or authorisation granted to him, be punished on conviction with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both unless it is proved that all due and reasonable precautions were exercised by him to prevent such breach.
(2) Any person who commits any breach shall, whether he acts with or without the permission of the holder of the permit, pass or authorisation he liable to the same punishment,
60. Penalty For Conspiracy: When two or more persons agree-
(a) to commit or cause to he committed any offence under this Act, or
(b) to commit a breach of a condition of a permit. pass or authorisation, each of such persons shall on conviction be punished with imprisonment for a period which may extend to two years or with fine which may extend to two years or with fine which may extend to one thousand rupees or with both.
61. Penalty For Being Drunk And For Disorderly Behaviour: (1) Whoever on any street or through fare or public place or in any place to which the public have or are permitted to have access is drunk and incapable of taking care of himself, or behave in a disorderly manner under the influence of drink, shall on conviction.
(a) for the first offence be punished with imprisonment for a term which may extend to one month and with fine which may extend to two hundred rupees:
Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the Court, such imprisonment shall not be less than seven days and fine twenty five rupees; and
(b) for subsequent offence be punished with imprisonment for a term which may extend to six months and with fine which may extend to five hundred rupees;
Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the Court, such imprisonment shall not be less than one month and fine shall not be less than one hundred rupees;
(2) In prosecution for an offence under sub-section (1), it shall be presumed until the contrary is proved that the person accused of the said offence has drunk liquor for the purpose of ~ being intoxicated and not for medicinal purpose.
62. Penalty For Chemist, Druggist or APO Thecary For Allowing his Premises to be Used For Purpose of Consumption of Liquor: A chemist, Druggist, apothecary or keeper of a dispensary who allows any liquor, which has not been bonafide medicated for medicinal purpose according to the prescription of a registered medical practitioner or any intoxicating drug to be consumed on his business premises by any person, shall on conviction be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
63. Penalty For Issuing False Prescription: If a registered medical practitioner issue a prescription with the intention that such prescription shall be used by the person to whom it is issued for the purpose of consuming liquor, in contravention of the provision of this Act, or Rule, Regulation or Order made thereunder or any permit pass or authorization granted under this Act, he shall, on conviction, he punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.
64. Penalty For Maliciously Giving False Information Any person who maliciously and falsely gives information to any person exercising powers under this Act leading to a search, seizure, detention or arrest shall, on conviction be punished with imprisonment for a term which way extend to six months or with fine which may extend to one thousand rupees or with both.
65. Penalty For Offences Not Otherwise Provided For Whoever is guilty of any willful act or intentional omission in contravention of the provisions of this Act, or any Rule, Regulation or Order made thereunder or of any permit, pass or authorization granted under this act and if such act or omission is not otherwise made an offence under this Act, shall, on conviction, be punished with the imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both.
66. Demand For Security For Abstaining From Commission of Certain Offences : (1) Whenever any person is convicted of an offence punishable under this Act, the Court convicting such person may. at the time of passing the sentence on such person, order him to execute bond for a sum proportionate to his means with or without sureties to abstain from the commission of offences punishable under the provisions of this Act during such period not exceeding three years as it may direct.
(2) The bond shall be in such form as may be provided under the provisions of the Code of Criminal procedure, 1973 and the provisions of the said Code shall, in so far as they are applicable, apply to all matters connected with such bonds as if it were a bond to keep the peace ordered to be executed under section 106 of the said Code.
(3) If the conviction is set aside in appeal the bond so executed shall become void.
67. Demand of Security for Good Behavior: (1) Whenever a Deputy Commissioner, Additional Deputy Commissioner or of Sub- Divisional Officer (Civil) receives information that any person within the local limits of his jurisdiction habitually commits or attempts to commit or abets the commission of an offence punishable under this Act, such Magistrate may require such person to show cause as to 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.
(2) The provisions of the Code of Criminal Procedure, 1973, shall in so far as they are applicable apply to proceedings under sub section (1) as if the bond referred to therein was a bond required to be executed under section 110 of the said Code.
68. Execution of Bonds in Respect of Minors : If any person in respect of whom a bond is ordered to be executed under sections 66 or 67 is a minor, the bond shall be executed by his guardian.
69. Punishment For Vexatious Search, Seizure or Arrest: Any Officer or person exercising powers under this Act, who-
(a) maliciously enters or searches or causes to be entered or searched, any building or house or similar dwelling place or
(b) vexatiously and unnecessarily seizes the property of any person in the pretence so seizing or searching for anything liable to confiscation under this Act; or
(c) vexatiously and unnecessarily details searches or arrest any person; or
(d) in any other way maliciously exceeds or abuses his lawful powers, shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees or with both.
70. Things Liable to Confiscation: (1) Whenever any offence punishable under this Act has been committed.
(a) Any liquor, materials, utensil, implement or apparatus, in respect of which the offence has been committed, or
(b) Where, in the case of an offence of illegal import, export or transport, the offender has attempted to import, export or transport any liquor or denatured spirit, in contravention of the provisions of this Act, rule, regulation or order or in breach of a condition of a permit, pass or authorization, the whole quantity of such liquor denatured spirit which he has attempted to importexport or transport.
(c) Where, in the case of an offence of illegal sale, the offender has in his lawful possession any liquor, other than in respect of which an offence has been committed, the whole of such other liquor, shall be confiscated by the order of the Court.
(2) Any receptacle package or covering in which any of the articles liable to confiscation under sub-section (1) is found and the other contents of such receptacle, package or covering and the animals, carts, vessels or other conveyances used in carrying any such article shall like-wise he liable to confiscation by the order of the Court,
71. Return of things Liable to Confiscation to Bonafide Owners : When during the trails of a case for an offence under this Act, the Court decides that anything is liable to confiscation under the foregoing section, the Court may, after hearing the person, if any, claiming any right thereto and the evidence if any which he produce in support of his claim, order confiscation or in the case of any article other than liquor give We owner an opinion to pay fine as the court deems fit in lieu of confiscation :
Provided that no animals, cart, vessel, vehicle or other conveyance shall be confiscated if the owner thereof satisfies the court that the he had exercised due cant preventing the commission of the offence.
72. Procedure on Confiscation: When an offence under this Act has been committed and the offender is not known or cannot be found or when anything liable to confiscation under this Act is found or seized, the Director, or Deputy Commissioner or any other officer authorized by the State Government in this behalf may make an inquiry and if after such inquiry he is satisfied that an offence has been committed, may order the thing found to be confiscated;
Provided that no such order shall be made before the expiry of one month form the date of seizure, or without hearing the person if any, who claim any right thereto and the evidence, if any, which he produces in support of his claim.
73. Power of Director etc., to Order Sale or Destruction of Articles : If the thing in question is liable to speedy and natural decay, or tithe Director, Court or the officer authorized by the State Government in this behalf is of the opinion that the sale would be for the benefit to the owner, the Director, Court or the officer may at any time, direct it to be sold and the provisions of section 24 shall apply so far as may be to the net proceeds of the sale
Provided that where anything is liable to speedy end natural decay, or is of trifling value, the court or the Officer concerned may order such thing to be destroyed if in its or his opinion such order is expedient in the circumstances of the case.
74. Forfeiture of Publication Containing Advertisement, Soliciting Use of Liquor : (1) Where ant newspaper, news-sheet, book, leaflet, booklet or other publication wherever printed or published appears to the State Government contain any advertisement soliciting the use of, or offering any liquor, the State Government may, by notification in the Official Gazette, declare every copy of such newspaper, news-sheet, hook, leaflet, booklet or other publication to he forfeited to the State Government, and there upon any Police Officer may seize the same wherever found in the State. Any magistrate may, by warrant authorize any Police officer not below the rank of sub-inspector to enter upon and search for the same in any premises where any copy of such issue or any such newspaper, news-sheet, book, leaflet booklet or other publication may be or may be reasonably suspected to be. Every warrant issued under this section shall he executed in the manner provided for the execution of search warrants under the Code of Criminal Procedure, 1973.
(2). The declaration of the State Government under this Section shall be final and shall not be questioned in any Court.
75. Presumption to the Commission of Offence in Certain cases : (1) In prosecutions under any of the provisions of this Act, it shall be presumed without further evidence, until the contrary is proved, that the accused person has committed an offence under this Act in respect of liquor, or any still, utensil, implement or apparatus, whatsoever for the manufacture of liquor or any materials which have undergone any process towards the manufacture of any liquor has been manufactured, for the possession of which he is unable to account satisfactorily.
(2) Where in any trail for an offence of manufacture liquor and using a still for such purpose in contravention of the provisions of this Act, it is proved that the accused person was present by the side of the Still while it was working or that he was the owner or occupier having the care wherein such still was used, then the burden of proving that the accused person had not used, or had not abetted in using the still for manufacturing liquor shall be on the accused person and the Court shall, in the absence of such proof presume to the contrary.
76. Compounding of Offence :
(1) All offence under this Act shall be compoundable.
(2) No offence shall be compounded if by reason of previous conviction liable either to enhanced punishment or to punishment of different kind for such offence.
77. Appeals : (1) All orders passed by any Prohibition Officer other than the Director under this Act, shall be appealable to the appealable to the Director at any time within sixty days from the date of the order complained of.
(2) All orders passed by the Director shall be appealable to the State Government at any time within ninety days from the date of the order complained of:
Provided that no appeal shall lie against on order passed by the Director on appeal,
(3) Subject to the foregoing provisions, the rules which the State Government may make in this behalf shall apply to appeals under this section.
78. Revision : The State Government may call for and examine the record of any proceeding before any Prohibition Officer, including that relating to the grant or refusal of a permit or authorization under this Act, for the purpose of satisfying itself as to the correctness, legality or propriety of any order passed and as to the regularity of, any such proceeding and may, when calling for such record, direct that the order he not given effect to pending the examination of the record. On examining the record, it may either annul, reverse, modify or confirm such order, or pass such other order as it may deem fit.
CHAPTER V
79. Repeal And Saving
(1) The provisions of the Nagaland Excise Act. 1967, in so far as they are inconsistent with the provisions of this Act shall stand repealed.
(2) All powers, rights and duties given by this Act shall be in addition to and not in derrogation of any other powers, rights and duties conferred by any Act, Law or Custom and all such other powers, rights and duties may be exercised and put in force in the same manner by the same authority as if this Act has not been passed.
80. Power of the State Government to Make Rules: (1) The State Government may make rules fur the purpose of carrying out the provisions of this Act,
(2) In particular and without prejudice to the generality of the foregoing powers the State Government may make rules.
(i) Regulating the delegation of any powers by the Director, or by any other Prohibition Officer;
(ii) Regulating the import, export. Transport, collection, sale, purchase, bottling, consumption, use or possession of liquor or denatured spirit or its preparation;
(iii) Regulating the manufacture of denatured spirituous preparation;
(iv) Regulating the grant, suspension or cancellation of permits, passes or authorization, for the import, export, transport, collection, sale purchase, possession, manufacture, bottling consumption, use of any of the above mentioned articles.
(v) Regulating the periods and localities for which the permit may be granted for the wholesale or retail vend of any of the above articles mentioned,
(vi) Prescribing the restrictions under which and the conditions in which any permit, pass or authorization may be granted including;
(a) the prohibition of the admixture with any liquor of any substance deemed to be or objectionable;
(b) the prohibition of sale of denatured spirit denatured spirituous preparation, except for cash;
(c) the prescription of the days and hours during which any premises may or may not be kept open and provisions for the closure of such premises.
(d) the prescription of the accounts to be maintained and the returns to be submitted by permit holders;
(e) the regulation or prohibition of the transfer of permit
(vii) (a) declaring the processes by which spirits shall be denatured;
(b) for causing such spirits to be denatured through the agency or under the supervision of the Government Officers and for the payment of charge for such supervision.
(c) for ascertaining whether such spirits have been denatured,
(viii) Prohibiting and regulating the employment by the permit holder of any persons to assist him in his business in any capacity whatsoever,
(ix) Prescribing the persons or classes of persons to whom any liquor or denatured spirituous preparation, may or not be sold or who may not be allowed to sell, purchase or use any of these articles
(x) Prescribing the mount of security to be deposited by the holder of any permit, pass or authorization for the due performance of the conditions for the same.
(xi) Providing for the maintenance by the holders of permits, passes or authorization of the registers of sales, purchase, possession, consumption or use and the particulars to be entered in the register;
(xii) Regulating the grant of rewards or expenses to officers, or persons giving information or assistance in the detection or investigation of offences under this Act, and of compensation to persons charged with offences punishable under this Act and acquitted;
(xiii) Prescribing the constitution of committees, and Boards and the procedure regarding their work;
(xiv) Prescribing the powers, functions and duties of Prohibition officers, Boards and Committees. The fees and allowance payable to the members of the Boards, and committees.
(xv) Prescribing conditions or through transport under section 19.
(xvi) Prescribing the fees payable in respect of any privilege, permit, pass or authorization granted or issued under this Act.
(3) Every rule made under this section shall be laid as soon as may be, after it is made, before the Nagaland Legislative Assembly while it is in session for a total period or of seven days, which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the sessions immediately following, the Nagaland Legislative Assembly decide to make any modification in the rule or the Nagaland Legislative Assembly agree that the rule should not be made, the rule shall thereafter have effect have effect only in such modified form, or be of no effect as the case may be; so however, that any such modification or annualment shall be without prejudice to the validity of anything previously done under thatrule.
81. Officers And Persons Acting Under this Act to be Public Servants: All officers and persons empowered to exercise any power or to perform any functions under this Act shall be deemed to he public servants within the meaning of section 21 of the Indian Penal Code.
82. Bar of Proceedings No suit or proceedings shall lie against the Government or against any person empowered to exercise powers or to perform functions under this Act, for anything in good faith done or purporting to be done under this Act.
83. Limitation of Prosecutions or Suits Against Officers (1) All prosecutions of any Prohibition, Police or other officers, or of any persons empowered to exercise powers or to perform functions under this Act, and all actions which may be lawfully brought against the Government or any of the aforesaid officers or persons, in respect of anything done or alleged to have been done in pursuance of this Act, shall be instituted within four months from the date of the act complained of and not afterwards; and any such action shall be dismissed;
(a) if the plaintiff does not prove that, previously to bringing such action, he has presented all such appeals allowed by this Act, or by any other law for the time being in force, as within the aforesaid period of four months it was possible to present, or
(b) in the case of an action for damage, if render of sufficient amends shall have been made before the action was brought, or if after the institution of the action a sufficient sum of money is paid into Court with costs, by or on behalf of the defendant.
(2) Subject to the provisions of section 197 of the Code of Criminal Procedure, 1973, no Court shall take cognizance of an offence committed or alleged to have been committed by any Prohibition, Police or other officer or any person empowered to exercise powers or to perform functions under this Act., in regard to anything done under this Act, unless a sanction is granted in accordance with the aforesaid provisions of section 197 Of the Code of Criminal Procedure, 1973.
(3) No suit shall lie against any Prohibition, Police or other officers for damages unless the same is instituted within four months from the time the cause of action arose.
84. Exemption From Operation of the Act: Nothing in this Act shall apply-
(1) in respect of any liquor, denatured spirit and their preparations which are the property and in the possession of the Government and
(2) in respect of “Zu” and “Rohi’’ provided it is used for domestic purpose only,
85. Power to Remove Difficulties: (1) if any difficulty or doubt arises in giving effect to the provisions of this Act, the State Government may by order published in the Gazette, make such provisions, not inconsistent with the purpose of this Act as appears to it to be necessary or expedient for the removal of the difficulty or doubt; and the order of the State Government in such cases shall be final.
(2) Every order made under this section shall be laid as soon as may be after it is made, before the Nagaland Legislative Assembly while it is in session for a total period of seven days which may be comprised in one session or in two successive sessions and if, before the expiry of the session immediately following the Nagaland Legislative Assembly agree in making any modification in the order or the Nagaland Legislative Assembly agree that the Order should not be made, the Order shall thereafter have effect only in such modified form or be of no effect as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under this Order.