(1) Where any intoxicant has been manufactured or sold or is possessed by any person on account of any other person and such other person known or has reason to believe that such manufacture or sale was or that such possession is, on his account, the article shall, for the purposes of this Act, be deemed to have been manufactured or sold by or to be in the possession of such other person.
(2) Nothing in sub-section (1) shall absolve any person, who manufactures, sells or has possession of any intoxicant on account of another person from liability to any punishment under this Act for unlawful manufacture, sale or possession of such article.
* Amended by Act 3 of 1989 w.e.f 25.4.89.
1. Inserted by Act 7 of 1972.
296 Presumption as to commission of offence in certain cases
39. In prosecutions under section 31 or section 33, it shall be presumed, until the contrary is proved, that the accused person has committed the offence punishable under that section in respect of ---
(a) any intoxicant; or
(b) any still, utensil, implement or apparatus whatsoever in the manufacture of any intoxicant other than toddy; or
(c) any materials which have undergone any process towards the manufacture of an intoxicant or from which an intoxicant has been manufactured, for the possession of which he is unable to account satisfactorily.
Criminal liability of licensee for acts of servants
40. Where any offence under section 31, section 32, section 33, section 35 or section 36 is committed by any person in the employ and acting on behalf of the holder of a licence or permit granted under this Act, such holder shall also be punishable as if he had committed himself the said offence, unless he establishes that all due and reasonable precautions were exercised by him to prevent the commission of such offence:
Provided that no person other than the actual offender shall be punishable under this section with imprisonment, except in default of payment of fine.
Enhanced punishment after previous conviction
41. If any person, after having been previously convicted of an offence punishable under section 31, section 32, section 33, section 36 or section 37 or under the corresponding provisions of any enactment repealed by this Act, subsequently commits and is convicted of an offence punishable under any of these sections, he shall be liable to twice the punishment which might be imposed on a first conviction under this Act:
Provided that nothing in this section shall prevent any offence which might otherwise have been tried summarily under Chapter XXII of the Code of Criminal Procedure, 1898 from being so tried.
297 Liability of certain things to confiscation
42. Whenever an offence has been committed which is punishable under this Act, the following things shall be liable to confiscation, namely: -
(a) any intoxicant, materials, still, utensil, implement or apparatus in respect of, or by means of which such offence has been committed;
(b) any intoxicant lawfully imported, transported, or manufactured, and held in possession or sold alongwith, or in addition to, any intoxicant liable to confiscation under clause (a); and
(c) any receptacle, package, or covering in which anything liable to confiscation under clause (a) or clause (b), is found, and the other contents, if any, of such receptacle, package or covering and any animal, vehicle , vessel, raft or other conveyance used for carrying the same;
Provided that, if anything specified in clause (c) is not the property of the offender, it shall not be confiscated if the owner thereof had no reason to believe that such offence was being or was likely to be committed.
Order of confiscation