(1) The 2[State] Government may by notification invest any excise officer, not below the rank of sub-inspector with power to investigate any offence punishable under this Act, committed within the limits of the area in which the officer exercises jurisdiction.
(2) Every officer so empowered may within those limits exercise the same powers in respect of such investigation as an officer in charge of a police Station may exercise in a cognizable case under
1. Substituted for the words “excisable article” by the Government of India (Adaptation of Indian Laws) Order, 1937.
2. Substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
1914: Pb. Act 1] EXCISE 333 V of 1898 the provisions of 3[Chapter XII of the Code of Criminal Procedure,
1973.]
47. Any officer of the excise, police, salt or land revenue department, not below such rank and subject to such restrictions as the 2[State] Government may prescribe, and any other person duly empowered by notification by the 2[State] Government in this behalf may arrest without warrant any person found committing an offence punishable, under section 61, or section 63, and may seize and detain any 1[intoxicant] or other article, which he has reason to believe to be liable to consfication under this Act or other law for the time being in force relating to excise revenue; and may detain and search any person upon whom, and any vessel, raft, vehicle, animal, package, receptacle or covering in or upon which he may have reasonable cause to suspect any such article to be.
48. A magistrate having reason to believe that an offence under section 61 or 63 has been, is being, or is likely to be committed, may―
(a) issue a warrant for the search of any place in which he has reason to believe that any 1[intoxicant] still, utensil, implement, apparatus or materials, in respect of which such offence has been, is being or is likely to be committed, are kept or concealed; and
(b) issue a warrant for the arrest of any person whom he has reason to believe to have been, to be, or to be likely to be engaged in the commission of any such offence.
49.(1) Whenever any excise officer not below such rank as the 2[State] Government may by notification prescribe, has reason to believe that an offence punishable under section 61, section 62, section 63, or section 64, has been, is being, or is likely to be committed in any place, and that a search-warrant Powers of arrest seizure and detention.
Power of magistrate to issue warrant for search or arrest.
Power of excise officer to search without warrant.
1. Substituted for the words “excisable article” by the Government of India (Adaptation of Indian Laws) Order, 1937.
2. Substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
3. Substituted by Haryana Act 5 of 2003.
334 EXCISE [1914: Pb. Act 1 Further powers of seizure, detention, search and arrest.
Power of Excise Officers to obtain information.
Procedure relating to searches, etc.
cannot be obtained without affording the offender an apportunity of escape or of concealing evidence of the offence, he may, at any time, by day or night enter and search such place.
(2) Every excise officer as aforesaid may seize anything found in such place which he has reason to believe to be liable to confiscation under this Act, and may detain and search and, if he thinks proper, arrest any person found in such place whom he has reason to believe to be guilty of such offence as aforesaid.
1[49-A(1) Any Excise Officer, not below such rank as the 2[State] Government may by notification prescribe may by order require any person to furnish to any specified authority or person any such information in his possession concerning any unlawful import, transport, manufacture or possession of any intoxicant, or any materials, still, utensil, implement, or apparatus whatsoever, for the purpose of manufacturing any intoxicant, or any unlawful cultivation of any plants from which an intoxicating drug can be produced as may be secified in the order.
(2) Any person upon whom an order is served under subsection (1) shall be bound, in the absence of reasonable excuse, to furnish correct information.]
50. Save as in this Act otherwise expressly provided, the provisions of the Code of Criminal Procedure, 3[1973]; relating to arrests, detentions in custody, searches, summonses, warrants of arrest, search-warrants, production of persons arrested and investigation of offence shall be held to be applicable to all action taken in these respects under this Act :
Provided that―
(1) any offence under this Act may be investigated by an officer empowered under section 46 without the order of a magistrate;
(2) whenever an excise officer below the rank of Collector makes any arrest, seizure or search he shall within V of
1898.
1. Added by East Punjab Act 9 of 1948, section 3.
2. Substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
3. Substituted by Haryana Act 5 of 2003.
1914: Pb. Act 1] EXCISE 335 twenty-four hours thereafter make a full report of all the particulars of the arrest, seizure or search to his immediate official superior, and shall, unless bail be accepted under section 73, take or send the person arrested or the article seized, with all convenient despatch to a 4[Judicial Magistrate] for trail or adjudication.
51. All police officers are required to aid the excise officers in the due execution of this Act, upon request made by such excise officers.
52.(a) Every owner or occupier of land 1[or any building] and the agent of any owner or occupier of land 1[or any building] on which―
(b) Every lambardar, village headman, village accountant, village watchman, village policeman and every officer employed in the collection of revenue or rent of land on the part of Government or the Court of Wards in whose village―there shall be any manufacture or illegal import or collection of any 2[intoxicant] not licensed under this Act, or any unlawful, cultivation of any plants from which an intoxicating drug can be produced, shall be bound, in the absence of reasonable excuse, to give notice of the same to a magistrate or to an officer of the excise, police or land revenue department as soon as the fact comes to his knowledge.
3[52-A(1) Every owner or occupier of any premises and every owner of any vehicle shall be bound to exercise due diligence in order to make sure that such premises or vehicle is not used for commission of any offence punishable under this Act.
(2) Any person who acts in contravention of the provision of sub-section (I) shall be liable for an offence committed under this Act.]
53. Every officer in charge of a police station shall take charge of and keep in safe custody, pending the orders of a magistrate, or of the Collector of of an officer empowered under section 46(1) to investigate the case, all articles seized under this Act which may be delivered to him, and shall allow any excise officer who may Police to aid excise officers.
Duty of land holders and others to give information.
Use of premises or vehicle owned by owner or occupier.
Duty of officer incharge of police station to take charge of article seized.
1. Inserted by East Punjab Act 9 of 1948, section 4.
2. Substituted for the words “excisable article” by the Government of India (Adaptation of Indian Laws) Order, 1937.
3. Inserted by Haryana Act 19 of 2002.
4. Substituted for the word “magistrate” by Punjab Act 25 of 1964.
336 EXCISE [1914: Pb. Act 1 Power to close shops for the sake of public peace.
Measures, weights and testing instruments.
Power of State Government to exempt intoxicants from the provisions of the Act.
accompany such articles to the police station, or may be deputed for the purpose by his superior officer to affix his seal to the articles and to take samples of and from them. All samples so taken shall also be sealed with the seal of the officer in charge of the police station.
54.(1) The District Magistrate or a Sub-Divisional Magistrate by notice in writing to the licensee may require that any shop in which any 3[intoxicant] is sold shall be closed at such times or for such period as he may think necessary for the preservation of the public peace.
(2) Ir a riot or unlawful assembly is apprehended or occurs in the vicinity of any such shop,1[an Executive Magistrate] of any class may require such shop to be kept closed for such period as he may think necessary:
Provided that where any such riot or unlawful assembly occurs the licensee shall, in the absence of a magistrate, close his shop without any order.
(3) When any Sub-Divisional Magistrate makes a direction under sub-section (1) or 2[any Executive Magistrate] makes a direction under sub-section (2) he shall forthwith inform the Collector of his action and his reasons therefor.
CHAPTER VIII GENERAL PROVISIONS.
55. Every person who manufactures or sells any ³[intoxicant] under a license granted under this Act shall be bound―
(a) to supply himself with such measures, weights and instruments as the Financial Commissioner may prescribe, and to keep the same in good conditions; and
(b) on the requisition of any excise officer duly empowered by the Collector in that behalf, at any time to measure, weigh or test any 3[intoxicant] in his possession in such manner as the said officer may require.
56. The 4[State] Government may by notification, either
1. Substituted for the words “a magistrate” by Punjab Act 25 of 1964.
2. Substituted for the words “any magistrate” by ibid.
3. Substituted for the words “excisable article” by the Government of India (Adaptation of Indian Laws) Order, 1937.
4. Substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
1914: Pb. Act 1] EXCISE 337 wholly or partially and subject to such conditions as it may think fit to prescribe, exempt any 3[intoxicant] from all or any of the provisions of this Act.
1[57.(1) No suit or other proceedings shall be entertained or continued in any civil court against withdrawal or amendment of a licence, permit and pass for any damages, remission or compensation on the ground that any loss is sustained by the withdrawal or amendment thereof.
(2) No suit shall lie in any civil court against the Government or any officer or person for damages for any act done in good faith or ordered to be done in pursuance of this Act or of any other law for the time being in force relating to the excise revenue.
4[57-A(1) The State Government may, from time to time by notification, fix the prices of plain spiced and special spiced countary spirits, 5[rum and gin of specified strength] bulk or bottled or both, for sale by the distilleries after taking into consideration their manufacturing cost.
(2) The licensee shall maintain in the office of the Distillery Inspector a Statement of the current prices of plain, spiced and special spiced country spirits, 5[rum and gin of specified strength], bulk as well as bottled, in accordance with the prices fixed by the State Government under sub-section (1).
6[(3) No licensee shall sell country spirits, rum and gin of specified strength at prices different from those fixed under subsection (1)]
58.(1) The 2[State] Government may, by notification, make rules for purposes of carrying out the provisions of this Act or any other law for the time being in force relating to excise revenue.
(2) In particular, and without prejudice to the state generality of the foregoing provisions, the 2[State] Government may make rules― Bar of suits.
Fixation of price of intoxicants to be sold by distilleries.
Powers of State Government to make rules
1. Substituted by Haryana Act 22 of 1996.
2. Substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
3. Substituted for the words “excisable articles” by the Government of India (Adaptation of Indian Laws) Order, 1937.
4. Inserted by Haryana Act 10 of 1976.
5. Inserted by Haryana Act 2 of 1990.
6. Substituted by ibid.
338 EXCISE [1914: Pb. Act 1
(a) prescribing the duties of excise officers;
(b) regulating the delegation of any powers by the Financial Commissioner, Commissioners or Collector, under section 13, clause (b);
(c) prescribing the time and manner of presenting, and the procedure for dealing with appeals from orders of excise officers;
(d) regulating the import, export, transport or possession of any 1[intoxicant] 2[or excise bottle and the transfer, price or use of any type or description of such bottle];
3[(dd) fixing the prices of beer and Indian made foreign spirit to be charged by the breweries and distilleries respectively;]
(e) regulating the periods and localities for which, and the persons, or classes of persons, to whom, licenses, permits and passes for the vend by wholesale or by retail of any 1[intoxicant] may be granted and regulating the number of such licenses which may be granted in any local area;
(f) prescribing the procedure to be followed and the matters to be ascertained before any license is granted for the retail vend of liquor for consumption on the premises;
(g) for the prohibition of the sale of any 1[intoxcant] to any person or class of persons;
(h) regulating the power of excise officers to summon witnesses from a distance;
(i) regulating the grant of expenses to witnesses and compensation to persons charged with offences under this Act and subsequently released, discharged or acquitted;
(j) for the prohibition of the employment by a license-holder of any person or class of persons to assist in his bussiness in any capacity whatsoever;
(k) for the prevention of drunkenness, gambling and disorderly conduct
1. Substituted for the words “excisable articles” by the Government of India (Adaptation of Indian Laws) Order, 1937.
2. Inserted by Punjab Act I of 1940, section 3.
3. Inserted by Haryana Act 10 of 1976.
1914: Pb. Act 1] EXCISE 339 in or near any licensed premises, and the meeting or remaining of persons of bad character in such premises;
1[(l) prohibiting the printing, publishing or otherwise displaying or distributing any advertisement or other matter commanding or soliciting the use of, or offering any intoxicant 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 or evade the provisions of any rule or order made thereunder, or the conditions of any license permit or pass obtained thereunder;
(m) prohibiting within the 2[State] the circulation, distribution or sale of any newspaper, book, leaflet, booklet, or other publication printed and published outside the 2[State) which Contains any advertisement or matter of the nature described in clause (l);
(n) declaring any newspaper, book, leaflet, booklet, or other publication, wherever printed or published, containing any advertisement or matter 3[of the nature described in clause (l)] to be forfeited to the 4[State] Government;
and
(o) implementing generally the policy of prohibition.]
(3) The power conferred by this section of making rules is subject to the condition that the rules be made after previous publication:
Provided that any such rules may be made without previous publication if the 4[State] Government consider that they should be brought into force at once.
59. The Financial Commissioner may, by notification, make rules―
(a) regulating the manufacture, supply, storage or sale of any 5[intoxicant], including― Previous publication of rules.
Powers of Financial Commissioner to make rules.
1. Clause (l), (m), (n) and (o) inserted by East Punjab Act 9 of 1948, section 5.
2. Substituted by the Adaptation of Laws, Order, 1950, for “Province.”
3. Substituted for the words “commending or soliciting the use of, or offering any itoxicant”, by Punjab Act No. 18 of 1955, section 2.
4. Substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
5. Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937, for “excisable article”.
340 EXCISE [1914: Pb. Act 1
(i) the character, erection, alteration, repair, inspection, supervision, management and control of any place for the manufacture, supply, storage or sale of such article and the fittings, implements; apparatus and registers to be maintained therein;
(ii) the cultivation of the hemp 4* * * * ** plant and the collection of spontaneous growth of such plant and the preparation of any intoxicating drug;
(iii) the tapping or drawing of tari from any tari-producing tree;
(b) regulating the bottling of liquor for purposes of sale;
(c) regulating the deposit of any 1[intoxicant] in a warehouse and the removal of any 1[intoxicant] from any warehouse or from any distillery or brewery;
(d) prescribing the scale or fees or the manner of fixing the fees payable in respect of any license permit or pass or in respect of the storing of any 1[intoxicant];
3[(e) regulating the time, place and manner of payment of any duty, fee or penalty ;]
(f) prescribing the authority by, the restrictions under, and the conditions on, which any license, permit or pass may be granted, including provision for the following matters-
(i) the prohibition of the admixture with any 1[intoxicant] of any substance deemed to be noxious or objectionable;
(ii) the regulation or prohibition of the reduction of liquor by a licensed manufacturer or licensed vendor from a higher to a lower strength;
(iii) the fixing of 2[the strength at which intoxicants shall be sold), supplied or possessed;
1. Substituted for the words “excisable article” by the Government of India (Adaptation of Indian Laws) Order, 1937.
2. Substituted by Haryana Act 10 of 1976.
3. Substituted by Haryana Act 5 of 2003.
4. The words “or coca” were omitted by Schedule II, Act 2 of 1930.
1914: Pb. Act 1] EXCISE 341 3[(iiia) the fixing of the price below and above which any intoxicants shall not be sold or supplied by the licensed vendors ;]
(iv) the prohibition of sale of any 1[intoxicant] except for cash;
(v) the fixing of the days and hours during which any licensed premises may or may not be kept open, and the closure of such premises on special occasions;
(vi) the specification of the nature of the premises in which any 1[intoxicant] may be sold, and the notices to be exposed at such premises;
(vii) the forms of the accounts to be maintained and the returns to be submitted by license-holders; and
(viii) the prohibition or regulation of the transfer of licenses;
(g) (i) declaring the process by which spirit shall be denatured;
(ii) for causing spirit to be denatured through the agency or under the supervision of its own officers;
(iii) for ascertaining whether such spirit has been denatured;
(h) providing for the destruction or other disposal of any 1[intoxicant] deemed to be unfit for use;
(i) regulating the disposal of consficated articles;
(j) prescribing the amount of security to be deposited by holders of leases, licenses; permits or passes for the performance of the conditions of the same.
60.(1) The following monies, namely―
(a) all excise revenue;
(b) any loss that may accrue, when in consquence of default a grant has been taken under management by the Collector or has been resold by him under section 39; and
(c) all amounts due to the 2[Government] by any person on account of any contract relating to the excise revenue;
Recovery of dues.
1. Substituted for the words “excisable article” by the Government of India (Adaptation of Indian Laws) Order, 1937.
2. Substituted for the word “Crown” by the Adaptation of Laws Order, 1950.
3. Inserted by Haryana Act 5 of 1967 and substituted by Haryana Act 10 of 1976.
342 EXCISE [1914: Pb. Act 1 Penalty for unlawful import, export, transport, manufacture and possession etc.
may be recovered from the person primarily liable to pay the same, or from his surety (if any), by distress and sale of his movable propery, or by any other process for the recovery of arrears of land revenue due from landholders or from farmers of land or their sureties
(2) When a grant has been taken under management by the Collector or has been resold by him under section 39, the Collector may recover, in any manner authorized by sub-section (1) any money due to the defaulter by any lessee or assignee.
(3) In the event of default by any person licensed or holding a lease under this Act all his distillery, brewery, warehouse or ship premises, fitting or apparatus and all stock of intoxicants or materials for manufacture or the same held in or upon any distillery, brewery, warehouse or shop premises shall be liable to be attached in satisfaction of any claim for excise revenue or in respect of losses incurred by State Government through such default and to be sold to satisfy such claim, which shall be a first charge upon the saleproceeds.
CHAPTER IX OFFENCES AND PENALTIES.
1[61.(1) Whoever, in contravention of any section of this Act or any rule, notification issued thereunder or any order passed or of any license, permit or pass granted under this Act,-
(a) imports, exports, transports, manufactures, collects or possesses any intoxicant; or
(b) constructs or works any distillery or brewery; or
(c) uses, keeps or has in his possession any material, still, utensil implement or apparatus, whatsoever, for the purpose of manufacturing any intoxicant;
shall be punished for every such offence with imprisonment for a term which may extend to three years and with fine which may extend to ten lakh rupees:
Provided that in the case of an offence relating to the possession of,-
(i) a working still for the manufacture of any intoxicant, such imprisonment which shall not be less than two years and such fine which shall not be less than two lakh rupees. In case the fine is not paid, he shall have to undergo further imprisonment;
(ii) lahan, such imprisonment which shall not be less than one year and such fine which shall not be less than one lakh rupees. In case the fine is not paid, he shall have to undergo further imprisonment;
(iii) country liquor manufactured otherwise than in a licensed distillery in Haryana, in a quantity not exceeding twelve bottles, each bottle containing 750 millilitres, such imprisonment which shall not be less than six months and such fine which shall not be less than
1. Substituted by Haryana Act 22 of 1996, by Haryana Act 20 of 1998, H.A. 4 of 2001, substituted/omitted/inserted by H.A. 19 of 2002, substituted/omitted by H.A. 5 of 2003, added by H.A. 15 of 2007 and further substituted by Haryana Act 4 of 2020.
1914: Pb. Act 1] EXCISE 343 fifty thousand rupees and in a quantity exceeding twelve bottles of the aforesaid capacity, such imprisonment which shall not be less than two years and such fine which shall not be less than two lakh rupees. In case the fine is not paid, he shall have to undergo further imprisonment;
(iv) foreign liquor other than-
(a) manufactured in a licensed distillery or brewery or bottling plant in India; or
(b) imported into India on which custom duty is leviable under the Indian Tariff Act, 1934 (Central Act 32 of 1934), or the Customs Act, 1962 (Central Act 52 of 1962);
such imprisonment shall not be less than two years and such fine shall not be less than two lakh rupees. In case the fine is not paid, he shall have to undergo further imprisonment;
(v) foreign liquor manufactured in a distillery or brewery or bottling plant in India or imported into India on which custom duty is leviable under the Indian Tariff Act, 1934 (Central Act 32 of 1934) or the Customs Act, 1962 (Central Act 52 of 1962), in a quantity exceeding ten cases i.e. ninety bulk litres, on which the excise duty or any other levy payable under this Act, has not been paid, such imprisonment which shall not be less than two years and such fine which shall not be less than two lakh rupees. In case the fine is not paid, he shall have to undergo further imprisonment;
(vi) country liquor manufactured in a licensed distillery in Haryana, beyond the prescribed limit for private possession, such imprisonment shall not be less than six months and such fine shall not be less than fifty thousand rupees. In case the fine is not paid, he shall have to undergo further imprisonment;
(vii) foreign liquor manufactured in a licensed distillery or brewery or bottling plant in India or imported into India on which custom duty is leviable under the Indian Tariff Act, 1934 (Central Act 32 of 1934) or the Customs Act, 1962 (Central Act 52 of 1962), on which excise duty and all other levies payable under this Act, has been paid beyond the prescribed limit for private possession, such imprisonment which shall not be less than six months and such fine which shall not be less than one lakh rupees. In case the fine is not paid, he shall have to undergo further imprisonment; and 344 EXCISE [1914: Pb. Act 1 Appeal.
(viii) foreign liquor manufactured in a licensed distillery or brewery or bottling plant in India or imported into India on which custom duty is leviable under the Indian Tariff Act, 1934 (Central Act 32 of 1934) or the Customs Act, 1962 (Central Act 52 of 1962) in a quantity not exceeding ten cases i.e. 90 bulk litres on which excise duty or any other levy payable under this Act, has not been paid, such imprisonment which shall not be less than one year and such fine which shall not be less than one lakh rupees. In case the fine is not paid, he shall have to undergo further imprisonment.
(2) Whoever, in contravention of any section other than sections 29 and 30 of this Act or of any rule, notification issued thereunder or order made or of any license, permit or pass granted under this Act-
(a) sells any intoxicant; or
(b) cultivates the hemp plant; or
(c) removes any intoxicant from any distillery, brewery or warehouse established or licensed under this Act; or
(d) bottles any liquor for the purposes of sale; or
(e) taps or draws tari from any tari-producing tree, shall be punishable with imprisonment not less than one year which may extend to two years and such fine shall not be less than two lakh rupees. In case the fine is not paid, he shall have to undergo further imprisonment.
Note:- Fine under section 61 shall not be less than ten times the amount of excise duty or consideration fee which would have been leviable if such intoxicant had been dealt with in accordance with this Act and the rules and orders made thereunder or in accordance with any license, permit or pass obtained thereunder or the amount of fine mentioned in any of the sub-sections whichever is greater.]
161A. Any person aggrieved by the order of the Collector under clause (aaa) of sub-section (1) of section 61 may, within a period of one month from the date of the order, file an appeal to the Excise Commissioner, whose decision shall be final.
1. Insert by Haryana Act 4 of 2001 and further omitted by Haryana Act 19 of 2002 and inserted by Haryana Act 5 of 2003.
345 EXCISE [1914: Pb. Act 1 Penalty for unlawfully selling to persons under 1[twenty-one] or employing them or women.
Penalty for rendering or attempting to render denatured spirits fit for human consumption.
62. If any licensed vendor, or any person in his employ or acting on his behalf-
(a) in contravention of section 29 sells or delivers any liquor or intoxicating drug to any person apparently under the age of 1[twenty-one years]; or
(b) in contravention of section 30, employs or permits to be employed, on any part of his licensed premises referred to in that section any ²[man under the age of twenty-five years] or women; or
(c) sells any 3[intoxicant] to a person who is drunk or intoxicated; or
(d) permits drunkenness, intoxication, disorderly conduct or gaming on the licensed premises of such licensed vendor;
or
(e) permits any person whom he knows or has reason to believe to have been convicted of any non-bailable offence or any reputed prostitute to frequent his licensed premises, whether for the purposes of crime or prostitution or not;
he shall in addition to any other penalty to which he may be liable be punishable with a fine which may extend to 5[fifty thousand rupees].
When any licensed vendor or any person in his employ or acting on his behalf is charged with permitting drunkenness or intoxication on the licensed premises of such vendor, and it is proved that any person was drunk or intoxicated on such premises, it shall lie on the person charged to prove that the licensed or the person employed by him or acting on his behalf took all reasonable steps for preventing drunkenness or intoxication on such premises.
4[63. Whoever renders or attempts to render fit for human consumption any spirit whether manufactured in India or not which has been denatured or has in his possession any spirit rendered fit for human
1. Substituted for the word “eighteen” by East Punjab Act 12 of 1949, section 7(1) and further substituted by Haryana Act 8 of 2022.
2. Substituted for the words “child under the age of sixteen years” by ibid, section 7(ii).
3. Substituted for the words “excisable article” by the Government of India (Adaptation of Indian Laws) Order,
1937.
4. Substituted for the old section by East Punjab Act 9 of 1948, section 6 and further substituted by Haryana Act 22 of 1996.
5. Substituted by Haryana Act 4 of 2001 and further substituted by Haryana Act 4 of 2020.
1914: Pb. Act 1] EXCISE 346 consumption in respect of which he knows or has reason to believe that any such attempts has been made, shall be punishable with imprisonment for a term which shall not be less than six months 3[which may extend to five years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees.]
1[63-A. Whoever in contravention of the provision of section 24-A has in his possession any unused and printed label, cork, capsule or seal, or an imitation thereof, shall be punishable with imprisonment which shall not be less than six months but which may extend to two years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees.]
64. If any licensed manufacturer or licensed vendor or any person in his employ or acting on his behalf―
(a) sells, or keeps or exposes for sale, as foreign liquor any liquor which he knows or has reason to believe to have been manufactured from rectified spirit or country liquor; or
(b) marks any bottle, case, package or other receptacle containing liquor so manufactured from rectified spirit or country liquor, or the cork of any such bottle, or deals with any bottle, case, package or other receptacle containing such liquor with the intention of causing it to be believed that such bottle, case, package, or other receptacle contains foreign liquor;
2[he shall be punishable with imprisonment for a term which may extend to one year and with fine which may extend to ten thousand rupees.]
65. Whoever, being the holder of a license, permit or pass granted under this Act, or being in the employ of such holder or acting his behalf-
(a) fails wilfully to produce such license, permit or pass on the demand of any excise officer or of any other officer duly empowered to make such demand; or Penalty for possession of unused and printed labels corks, etc., in contravention section 24-A.
Penalty for fraud by licensed manufacturer or vendor or his servant.
Penalty for certain acts by licensee or his servant
1. Inserted by Punjab Act 31 of 1963, section 3 and further substituted by Haryana Act 4 of 2020.
2. Substituted for the word “or with fine which may extend to five hundred rupees, or with both” by Punjab Act No. 35 of 1956, section 4, by Haryana Act 4 of 2001 and further substituted by Haryana Act 4 of 2020.
3. Substituted by Haryana Act 4 of 2020.
347 EXCISE [1914: Pb. Act 1 Penalty for consumption in chemist's shop, etc.
Manufacture sale or possession by one person on account of another.
Penalty for offences not otherwise provided for.
(b) in any case not provided for in section 61 wilfully contravenes any rule made under section 58 or section. 59; or
(c) wilfully does or omits to do anything in breach of any of the conditions of the license, permit or pass not otherwise provided for in this Act;
3[(d) allows disorderly conduct or gaming on the licenced premises;
or
(e) reduces the strength of any liquor below the prescribed limit;
shall be punishable with imprisonment which may extend upto six months and with fine which shall not be less than ten thousand rupees and not more than fifty thousand rupees.]
66.(1) If any chemist, druggist, apothecary or keeper or a dispensary allows any 1[intoxicant] which has not been bona fide medicated for medicinal purposes to be consumed on his business premises by any person not employed in his business, he shall be punishable with imprisonment for a term which may extend to three months 2[and with fine which may extend to one thousand rupees].
(2) If any person not employed as aforesaid consums any such 1[intoxicant] on such premises, he shall be punishable with a fine which may extend to two hundred rupees.
67.(1) When any 1[intoxicant] has been manufactured or sold or is possessed by any person on account of any other person and such other person knows 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 be absolv any person who manufactures, sells or has possession of an 1[intoxicant] on account of another person from liability to any punishment under this Act, for the unlawful manufacture, sale or possession of such article.
4[68. Whoever is guilty of any act or intentional omission in contravention of any of the provisions of this Act, or of any rule, notification or order made, issued or given thereunder, and not otherwise provided for in this Act, shall be punishable for the first offence with a fine of fifty thousand rupees and for every such subsequent offence with fine which may extend to one lac rupees.]
1. Substituted for the words “excisable article” by the Government of India (Adaptation of Indian Laws) Order, 1937.
2. Substituted for the words “or with fine which may extent to five hundred rupees or with both”, by Punjab Act No. 35 of 1954 section 4.
3. Substituted by Haryana Act 4 of 2001 and further added/substituted by Haryana Act 4 of 2020.
4. Substituted by Haryana Act 12 of 2011.
1914: Pb. Act 1] EXCISE 348 2[68-A. Whoever having been convicted for an offence punishable under sub-section (1) of section 61 and section 63 of this Act is again convicted of an offence punishable under the said sections shall,-
(a) for a second offence be punished with not less than twice the punishment awarded to him on his first conviction; and
(b) for a third or subsequent offence be punished with not less than twice the punishment awarded to him on his second conviction or immediate last conviction :
Provided that the enhanced punishment shall not exceed the imprisonment of six years and a fine of twenty thousand rupees.
4[68-B. Notwithstanding anything contained in any provision of this Act, whoever, having been penalised for an offence under clause (aaa) of sub-section (1) of section 61 of this Act, is again detained for an offence under the same provision, shall, for a second and subsequent offence, be liable for penalty which may not be less than twice the amount of penalty imposed upon him for the first offence.]
69. Whoever attempts to commit or abets any offence punishable under this Act shall be liable to the punishment provided for the offence.
1[69-A.(1) Whenever any person is convicted of an offence punishable under sections 61, 63 or 69 and the Court convicting him is of the opinion that it is necessary to require such person to execute a bond for abstaining from the commission of offences punishable under these sections, the Court may, at the time of passing sentence on such person, order him to execute a bond for a sum proportionate to his means, with or without sureties, for abstaining from the Enhanced punishment for certain offences after previous conviction.
Enhanced panelty for previous offender.
Attempt to commit offences punishable under the Act.
Security for abstaining from commission of certain offences.
1. Added by East Punjab Act 9 of 1948, section 7.
2. Substituted by Punjab Act 22 of 1963. This was inserted by Punjab Act 35 of 1956 and further substituted by Haryana Act 12 of 1997.
3. Substituted by Haryana Act 4 of 2001.
4. Inserted by Haryana Act 5 of 2003.
349 EXCISE [1914: Pb. Act 1 Penalty for excise officer making vexatious search, etc.
Report by investigating officer for institution of proceedings.
commission of such offence during such period, not exceeding three years, as it thinks fit to fix.
(2) The bond shall be in the form contained in Schedule II and the provisions of the Code of Criminal Procedure, 1[1973], shall, in so far as they are applicable apply to all matters connected with such bond 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 on appeal or in revision, the bond so executed shall become void.
(4) An order under this section may also be made by an appellate court, or by the High Court, when exercising its powers of revision.]
70. If an excise officer―
(a) vexatiously and unnecessarily enters or searches, or causes to be entered or searched, any place under colour of exercising any power conferred by this Act;
or
(b) vexatioulsy and unnecessarily seizes the moveable propery of any person on the pretence of seizing or searching for any article liable to confiscation under this Act; or
(c) vexatiously and unnecessarily searches, arrests or detains any person; or
(d) without lawful excuse ceases or refuses to perform or withdraws himself from the duties of his office unless expressly allowed to do so in writing by the Collector of unless he shall have given to his immediate superior officer two months, notice in writing of his intention to do so;
he shall be liable to imprisonment for a term which may extent to three months, or with fine which may extend to five hundred rupees, or with both.
1[71. If on investigation by an officer, empowered under sub- section (1) of section 46, it appears that the offender is not disclosing his true and correct identity or is incapable of furnishing adequate surety/ security or incapable of paying penalty of for any other reasons
1. Substituted by Haryana Act 5 of 2003.
1914: Pb. Act 1] EXCISE 350 to be recorded in writing and there is sufficient evidence to justify the prosecution of the accused, the investigating officer shall report the case for the orders of the Collector under section 61 or section 80, as the case may be. In case Collector deems fit that the relevant case is required to be sent to magistrate, he may direct investigating officer to submit a report, which shall, for the purpose of section 190 of the Code of Criminal Procedure, 1973 (Act 2 of 1974), be deemed to be a police report, to a magistrate having jurisdiction to enquire into or try the case and empowered to take cognizance of offences on police reports.]
1[72. All offences punishable under this Act with imprisonment with two years or more, shall be non-bailable and cognizable and the provisions of the Code of Criminal Procedure, 1973 (2 of 1974) with respect to non-bailable and cognizable offences, shall apply to those offences.]
2[72A. Whoever, mixes or permits to be mixed with any liquor sold or manufactured or possessed by him any noxious drug or any foreign ingredient likely to cause disability or grievous hurt or death to human beings, shall be punishable, if as a result of such an act,-
(a) death is caused, with death or imprisonment for life and shall also be liable to fine which may extend to ten lakh rupees;
(b) disability or grievous hurt is caused, with imprisonment for a term which shall not be less than six years but which may extend to imprisonment for life, and with fine which may extend to five lakh rupees;
(c) any other consequential injury is caused to any person, with imprisonment for a term which may extend to one year and fine which may extend to two lakh fifty thousand rupees;
(d) no injury is caused, with imprisonment which may extend to six months and fine which may extend to one lakh rupees.
Explanation.- For the purpose of this section, the expression “grievous hurt” shall have the same meaning as assigned to it in section 320 of the Indian Penal Code, 1860 (XLV of 1860).
72B.(1) The court, when passing an order under this Act may, if it is satisfied that death or injury has been caused to any person due to consumption of liquor sold in any place, order the manufacturer and seller, whether or not he is convicted of an offence, to pay, by way of compensation, an amount not less than three lakh rupees to the legal representatives of each deceased or two lakh rupees to the person to whom grievous hurt has been caused, or twenty thousand rupees to the person for any other consequential injury:
Certain offences to be non-bailable.
Penalty for mixing noxious substance with liquor.
Order to pay compensation.
1. Substituted by Haryana Act 22 of 1996, by Haryana Act 20 of 1998 and further substituted by Haryana Act 4 of 2020.
2. Inserted by Haryana Act 4 of 2020.
351 EXCISE [1914: Pb. Act 1 Penalty for consumption of liquor in public place.
Penalty for unlawful advertisement.
Compounding of certain offences.
Provided that where the liquor is sold in a licensed shop, the liability to pay the compensation under this section shall be on the licensee.
(2) Any person aggrieved by an order under sub-section (1) may, within thirty days from the date of the order, prefer an appeal to the High Court:
Provided that no appeal shall be filed by the accused unless the amount ordered to be paid under sub-section (1) is deposited by him in the court:
Provided further that if the High Court is satisfied that the applicant was prevented by sufficient cause from making the application within the said period of thirty days it may entertain the application within a further period of ninety days, but not thereafter.
72C. Whoever, in contravention this Act or the rules, notification or order made thereunder-
(a) consumes liquor in a public place;
(b) consumes liquor in public place and creates nuisance;
(c) permits drunkenness or allows assembly of unsocial elements on the premises of liquor establishment, shall be punishable,-
(1) in case of an offence falling under clause (a), with fine which may extend to five thousand rupees;
(2) in case of an offence falling under clause (b), with imprisonment for a term which may extend to three months and fine which may extend to ten thousand rupees;
(3) in case of an offence falling under clause (c), with imprisonment for a term which may extend to six months and fine up to fifty thousand rupees.
72D. Whoever, prints, publishes or gives an Advertisement directly or indirectly in any media soliciting the use of any liquor, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to two lakh rupees, or with both:
Provided that this section shall not apply to catalogue and price list and advertisement generally or specially approved by the Excise Commissioner for display at the points of sale for consumer information and education.