(1) Whoever—
(a) imports, exports, transports or possesses liquor or any intoxicating drug; or
(b) manufactures liquor or any intoxicating drug; or
(c) except in accordance with the rules made by the Administrator in that behalf, cultivates the hemp plant (Cannabis sativa); or collects any portion of such plant from which an intoxicating drug can be manufactured; or
(d) taps any toddy-producing tree or permits or suffers to be tapped any toddy-producing tree belonging to him or in his possession;
or
(e) draws toddy from any tree or permits or suffers toddy to bo drawn from any tree belonging to him or in his possession; or
(f) constructs or works any distillery or brewery; or
(g) uses, keeps or has in his possession any materials, still, utensil, implement or apparatus whatsoever for the tapping of toddy or the manufacture of liquor or any intoxicating drug, or keeps or has in his possession any materials which have undergone any process towards the manufacture of liquor or any intoxicating drug or from which any liquor or intoxicating drug has been manufactured; or
(h) bottles any liquor for purposes of sale; or
(i) sells liquor or any intoxicating drug; or Prohibition of the manufacture of, traffic in, and consumption of, liquor and intoxicating drugi.
Sue. 1] THE GAZETTE OF INDIA EXTRAORDINARY I2I
(j) consumes or buys liquor or any intoxicating drug; or
(k) knowingly expends or applies money in direct furtherance or support of the commission of any of the acts specified in clauses
(a) to (j); or
(1) allows any of Ihe acts aforesaid upon premises in his immediate possession, shall be punished—
(i) in the case of an offence falling under clause (b), clause (f), clause (g), clause (h), clause (i) or clause (k) or an offence falling under clause (I) in so far as it relates to an act specified in any of the clauses aforesaid, with imprisonment for a term which may extend to two years and with fine which may extend to five thousand rupees, but in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than six months and such fine shall not be less than one thousand rupees, in the case of an offence falling under clause (b), clause (f), clause (h), clause (i) or clause (k) or an offence falling under clause (I) in so far as it relates to an act specified in any of the clauses aforesaid;
(ii) in any other case, with imprisonment for a term which may extend to one year and with fine which may extend to two thousand .rupees, but in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than three months and such fine shall not be less than five hundred rupees, in the case of the offence of import, export or transport of liquor or any intoxicating drug falling under clause (a):
Provided that nothing contained in this sub-section shall apply—
(i) to any act done under, and in accordance with the provisions of this Regulation or the terms of any rule, notification, order, licence or permit issued thereunder; or
(li) to. the possession, sale, purchase, use or consumption of duty-paid medicinal or toilet preparations for their bona fide medicinal or toilet purposes.
(2) It shall be presumed until the contrary is proved—
(a) that a person accused of any offence under clauses (a) to (k) of sub-section (1) has committed such offence in respect of any liquor or intoxicating drug or any still, utensil, implement or apparatus whatsoever for the tapping of toddy or the manufacture of liquor or any intoxicating drug or any such materials as are ordinarily used in the tapping of toddy or the manufacture of liquor or any intoxicating drug or any materials which have undergone any process towards the manufacture of liquor or any intoxicating drug or from which any liquor or intoxicating drug has been manufactured for the possession of which he is unable to account satisfactorily, and
(b) that a person accused of any offence under clause (I) of sub-section (1) has committed such offence if an offence is proved to have been committed upon premises in his immediate possession In 122 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— respect of any liquor or intoxicating drug or any still, utensil, implement or apparatus whatsoever for the tapping of toddy or the manufacture of liquor or any intoxicating drug or any such materials as are ordinarily used in the tapping of toddy or the manufacture of liquor or any intoxicating drug or any materials which have Undergone any process towards the manufacture of liquor or any intoxicating drug or from which any liquor or intoxicating drug has been manufactured.
4. Whoever is found in a state of intoxication in any public place shall 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.
5. Whoever renders or attempts to render fit for human consumption any spirit, whether manufactured in India or not, which has been denatured or any preparation containing such spirit or has, in his possession, any spirit or preparation containing spirit in respect of which he knows or has reason to believe that any such attempt has been made shall be punished with imprisonment for a term which may extend to two years and with fine which may extend to five thousand rupees, but in the absence of special and adequate reasons to the contraxy to be mentioned in the judgment of the Court—
(i) such imprisonment shall not be less than six months and such fine shall not be less than seven hundred and fifty rupees for a first offence;
(ii) such imprisonment shall not be less than nine months and such fine shall not be less than one thousand rupees for a second offence; and (Hi) such imprisonment shall not be less than one year and such fine shall not be less than one thousand and five hundred rupees for a third or subsequent offence;
and for the purposes of this section It shall be presumed, until the contrary is proved, that any spirit or preparation containing spirit which is proved on chemical analysis to contain any quantity of any of the prescribed denaturants is, or has been, derived from, or contains, denatured spirit.
6. Whoever prints or publishes In any newspaper, book, leaflet, booklet or any other single or periodical publication or otherwise displays or distributes any advertisement or other matter soliciting the use of, or offering, any liquor or intoxicating drug other than liquor or drugs exempted under section 21, shall 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:
Provided that this section shall not apply—
(a) to plain catalogues or price lists which may be generally or specially approved by the Commissioner; or
(b) to advertisements in medical journals, or to notices and literature circulated exclusively to members of the medical profession, II Pdnishment for being found in a stateaf Intoxication.
Punishment for rendering or attempt- Ing to render denatured spirits fit for human consumption.
Prohibition of advertisement.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 123 such advertisements, notices or literature relate to any liquor or intoxicating drug which has been specially approved as of medicinal value—
(i) by any Medical Council which has been established under any law for the time being in force in any part of India, or which has been recognised by the Government of any State; or
(ii) by such authority in respect of Indian medicine as the Administrator may, by notification, specify; or
(c) to the normal circulation within the Union territory of newspapers, periodicals and books printed and published in accordance with law outside the Union territory; or
(d) to any advertisement contained in a newspaper printed and published in the Union territory before the promulgation of this Regulation.