CHAPTER VII

Offences and Penalties

Penalty for illegal import, etc., of intoxicant or hemp.

65. Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made or of any licence, pass, permit or authorization granted thereunder -

(a) imports or exports or transport any intoxicant ⁵[(other than opium)] or hemp,

(b) manufactures any intoxicant ⁶[(other than opium)],

(d) bottles liquor,

(e) sells or buys or possesses any intoxicant ⁵[(other than opium)] or hemp, or

(f) uses, keeps or has in his possession any materials, still, utensils, implements or apparatus for the purpose of manufacturing any intoxicant ⁶[(other than opium)]

⁷[(g) cultivates or collects hemp.]

¹ [shall, on conviction, be punished for each such offence with imprisonment for a term which shall not be less than three years but which may extend to five years or with fine which shall not be less than twenty five thousand rupees but which may extend to fifty thousand rupees or with both.

Penalty for illegal cultivation and collection of hemp and other matters.

66 ²[(1)] Whoever in contravention of the provisions of this Act, or of any rule regulation or order made or of any licence, permit, pass or authorization issued, thereunder- ,

2(a)* * * * * *

(b) consumes, uses, any intoxicant ⁴[other than opium] or hemp.

1. This portion was substituted for the portion beginning with the words “shall on conviction be punished” to the end of the section, Bom. 22 of 1960. s. 49 (b).

2. Section 66 was renumbered as sub-section (I) by Bom. 12 of 1959, s. 9.

3. Clause (a) was deleted by Bom. 22 or l%0, s. 50 (a)(i).

4. These brackets and words were inserted, ibid., s. 50 (a) (ii.

5. These brackets and words were inserted, ibid., s. 49 (a)

6. These brackets and words were substituted for the brackets and words (other than today), ibid., s. 49 (b).

7. This clause was inserted by Bom. 22 of 1960, s. 49 (c).

(c) taps or permits to be tapped any toddy producing free, (d) draws or permits to be drawn toddy from any tree, shall, on conviction, be punished - (i) for a first offence, with imprisonment for a term which may extend to six months and with fine which may extend to ten thousand rupees; Provided that 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 fine shall not be less than five thousand rupees; (ii) for a second offence, with imprisonment for a term which may extend to two years and with fine which may extend to twenty thousand rupees; Provided that 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 loss than six months and fine shall not be less than ten 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 twenty thousand rupees: Provided that 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 nine months and fine shall not be less than ten thousand rupees. ⁵[(2) Subject to the provisions of sub-section (3), where in any trial of an offence under clause (b) of sub-section (1) for the consumption of an intoxicant, it is alleged that the accused person consumed liquor, and it is proved that the concentration of alcohol in the blood of the accused person is not less than 0.05 percent, weight in volume] then the burden of proving that the liquor consumed was a medicinal or toilet preparation, or an antiseptic" preparation or solution, or a flavouring extract, essence or syrup, containing alcohol, the consumption of which is not in contravention of the Act or any rules, regulations or orders made thereunder, shall be upon the accused person, and the Court shall in the absence of such proof presume the contrary. (3) The provisions of sub-section (2) shall not apply to the consumption of any liquor- (a) by indoor patients during the period they are being treated in any hospital convalescent home, nursing home or dispensary, maintained or supported by Government or a local authority or by charily, or (b) by such other persons, in such other institutions, or in such circumstances as may be prescribed.] 5. Sub-sections (2) and (3) were added by Bom. 12 of 1959, s. 9. 6. These words and figures were substituted and shall be deemed always to have been substituted for the words and figures "not less than 0.05 percent" by Bom. 22 of 1960, s. 50 (b).
Penalty for illegal import, etc., of opium.	¹[66A. Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made thereunder or of any licence, pass, permit or authorisation granted by or under [his Act, imports, exports, transports, consumes, uses, possesses, sells or buys opium, shall, on conviction, be punished for each such offence with imprisonment for a term which may extend to three years and also with fine : Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, - (i) for a first offence, such imprisonment shall not be less than six months, and fine shall not be less than five hundred rupees; (ii) for a second offence, .such imprisonment shall not be less than nine months and fine shall not be less than one thousand rupees; (iii) for a third or subsequent offences, such imprisonment shall not be loss than one year and fine shall not be less than one thousand rupees.]
Penalty for alteration of attempting to alter denatured spirit	^67.²[(1) Whoever in contravention of section 21 alters or attempts to denatured spirit or has in his possession any spirit in respect of 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 shall not be less than three years but which may extend to five years or with fine which shall not be less than twenty five thousand rupees but which may extend to fifty thousand rupees or with both ³ **** ³[(2) In prosecution under this section, it shall be presumed, until the contrary is proved, that the alteration or attempt to alter any denatured spirit was done, with the intention that such spirit may be used for human consumption as an intoxicating liquor.]
Penalty for alteration or attempting to alter denatured spirituous preparation.	⁴[67.1A. ⁵[(1) Whoever in contravention of section 21A alters or attempts to alter any denatured spirituous preparation or has in his possession any such preparation in respect of which he knows or has reason alteration or attempt has been made shall, on conviction, be punished with imprisonment for a term which shall not be less than three years but which may extend to five years or with fine which shall not be less than twenty five thousand rupees but which may extend to fifty thousand rupees or with both
	1. This section was inserted by Bom. 22 of I960, s. 51. 2. Section 67 was renumbered as subsection (1), ibid., s. 52, 3. This sub-section was added, ibid. 4. Sea ion 67-1A was inserted by Bom. 30 of 1954, s. 10. ^5.Section 67-1A was renumbered as sub-section (1) by Bom. 22 of 1960, s. 53
¹[(2) In prosecutions under this section, it shall be 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 an intoxicating liquor.]
Penalty for contravention of provision regarding prescription		²[67-1B. Whoever (a) not being a registered medical practitioner issues a prescription for intoxicating liquor or, (b) being a registered medical practitioner- (i) prescribes intoxicating liquor in contravention of the provisions of sub-section (2) of section 22A, or (ii) fails, without reasonable excuse, to state in the prescription for intoxicating liquor the particulars required by that section to be staled 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, be punished with imprisonment for a term which may extend to six months or with fine which may extend to ten thousand rupees or with both.]
Penalty for manufacturing ¹⁰[articles mentioned in section 24A] in contravention of the provisions of section 59A		³[67A. (1) Whoever in contravention of the ⁴[provisions of section 59AA or as the case may be, of section 59A]- ⁵[1a) manufactures, imports or exports any article mentioned in section 24A,or-]
		(a) sells, uses or disposes of any liquor otherwise than as an ingredient of any ''[article mentioned in section 24A], or (b) uses more alcohol in the ⁷[manufacture of any of the articles mentioned in section 24A] than the quantity necessary for extraction or solution of the elements contained therein and for the preservation of such particle], or (c) knowingly sells ⁹[any such article] for being used as an intoxicating drink, or sells any such article under circumstances from which he 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 which may extend to ten thousand rupees or with both.
1. This sub-section was added by Bom. 22 of I960, s. 53. 2. This section was inserted, ibid., s. 54, 3. Sections 67A and 67B were inserted by Bom. 26 of 1952, s. 31. 4. These words, figures and letters were substituted for the words, figures and letters "provisions of section 59-A" by Bom. 22 of 1960, s. 55(a)(ii) 5. Clause (1a) was inserted, ibid., s. 55(a)(ii).* 6. These word were substituted for the words ‘medicinal or toilet preparation” by Bom. 36 of 1954, s. 11(i)(a). 7. These words, figures and letter were substituted for the words "in the manufacture of such articles which may be used us intoxicating liquor” by Bom. 22 of 1960, s. 55(a)(iii). 8. This word was substituted for the word "preparation" by Bom. 26 of 1954, s. 11(i)(b). 9. These words were substituted for the words, figures and letter "any article to which section 24A applies", ibid., s. 11(i)(c) 10. These words were substituted for the words medicinal or toilet preparations by Bom. 36of 1954 s. 11(iii)

(2) No person who has been convicted for any offence under this section or has paid any sum of money under section 107 ⁷[by way of composition) for such offence shall be entitled to manufacture, import or to sell any ⁸[article mention in section 24 A] 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 .sub-section shall be liable to the same punishment as is provided for an offence punishable under section 65.

5[Penalty or failure to satisfy the 3[Commissioner] under sub-section (1), or to comply with a requisition under sub-section (2) of section 59B.]

67B. ²[(1)] If the manufacturer of any of the articles mentioned in section 24A fails to show to the satisfaction of the ³[Commissioner] that the article corresponds to the description and limitations provided in section 59A, his licence for the purchase, use or possession of liquor or alcohol for the manufacture of such article shall be revoked.

⁴[(2) Any person who fails to comply with any requisition made by the ³[Commissioner] under sub-section (2) of section 59B,

shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine which may extend to ten thousand rupees or with both.]

Penalty for possessing, etc. denatured spirituous preparations of provisions of sections 59C and 59D

⁶[67C. Whoever,-

(a) in contravention of the provisions of section 59C, possesses, without a permit, any denatured spirituous preparation in excess of the quantity prescribed under that section, or

(b) in contravention of the provisions of section 59D, manufactures, sells, bottles for sale or imports, exports or transports, any denatured spirituous preparation, or

(c)drinks any denatured spirituous preparation,

shall on conviction be punished with imprisonment for a term which shall not be less than three years but which may extend to five years or with fine which shall not be less than twenty five thousand rupees but which may extend to fifty thousand rupees or with both.

1. These words were substituted for the words “such preparation” by Bom. 36 of 1954, s. 11(ii)(b).

2. The original section 67B was renumbered as sub-section (1) of that section by Bum. 20 of 1965, s 6(1).

3. The word was substituted for the word "Director" by Mah. 52 of 1973, s. 3, Sch.

4. Sub-section (2) was added by Bom. 20 of 1956, s. 6(1).

5. This marginal Note was substituted for the original ibid s. 6(2).

6. This section was inserted by Bom. 22 of 1961, s. 56.

7. These words were inserted by Bom2 of 1960, s. 55(b).

^8.These words were substituted for the words, figures and letter "Preparation” to which section 24A applies" by Bom. 36 of 1954. s. 11(ii)(a).

Penalty for opening etc. of common drinking house.

68. Whoever, -

(a) opens, keeps or uses 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, kepi or used as a common drinking house.

¹[shall, on conviction, be punished with imprisonment for a term which shall not be less than three years but which may extend to five years or with fine which shall not be less than twenty five thousand rupees but which may extend to fifty thousand rupees or with both.

Penalty for illegal import, etc., of Mhowra flowers.

69. Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made or licence, permit or pass granted thereunder, imports, exports ²[collects], transports, sells, ²[buys] or has in his possession Mhowra flowers, shall, on conviction, be punished, with imprisonment for a term which may extend to two years or with fine which may extend to fifty thousand rupees or with both.

Provided that no person shall be punished in respect of any mhowra flowers which are either growing on a tree or are lying uncollected on the ground as they have fallen from a tree.

1. This portion was substituted for the original by Bom. 22 of 1960, S. 27.

2. This word was inserted by Bom. 26 of 1952, s. 32.

Penalty for illegal Import of molasses.

70. Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made or of any licence or permit granted thereunder, exports, imports, transport, sells or has in his possession molasses shall, on conviction, be punished with imprisonment for a term which shall not be less than three years but which may extend to five years or with fine which shall not be less than twenty five thousand rupees but which may extend to fifty thousand rupees or both.

71. [Penalty for selling molasses at price exceeding fixed price.] Deleted by Bom. 26 of 1952,s.33.

Penalty for removal of intoxicant etc.

¹[72. Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made, or pass granted, thereunder, removes any intoxicant, hemp, mhowra flowers or molasses from any distillery, warehouse, godowns or other place of storage established or licensed under this Act, shall, on conviction be punished with imprisonment for a term which shall not be less than three years but which may extend to five years or with fine which shall not be less than twenty five thousand rupees but which may extend to fifty thousand rupees or both.

Penalty for printing or publishing advertisement in contravention of provisions of Act, etc.

73. 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 advertisement or other matter-

(a) which ²* solicits the use of or offers any intoxicant or hemp, 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 licence, permit, pass or authorization granted thereunder;

1. This section was substituted for the original by Bom. 22 of 1960, s. 58.

2. This word "commends" was deleted by Bum. 26 of 1952, s. 34.

shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to five thousand rupees or with both.

Penalty for circulating, etc. newspapers etc. containing advertisement regarding intoxicants etc.

74. Whoever, in contravention of a notification issued under sub-section (3) of section 24, circulates, distributes or sells any newspaper, news- book, leaflet, booklet or other publication printed and published outside the ³(State] which contains any advertisement or mailer,-

(a) which ⁴* solicits the use of or offers any intoxicant or hemp, ⁵[or]

(b) which is calculated to encourage or incite any individual or class of individuals or the public generally to commit any offence under this Act, or to commit a breach of or to evade the provisions of any rule, regulation or Order made thereunder, or the conditions of any licence, 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 ten thousand rupees or with both.

Penalty for inciting for encouraging certain acts.

75. Whoever, in contravention of the provisions of this Act or any rule

a) ^6*solicits the use of or offers any intoxicant or hemp, or¹* * * * *

(c) 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 or of conditions of a license, permit, pass or authorization granted hereunder, shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to ten thousand rupees or with both.

Penalty for contravention of provisions of section 43

²[75A. Whoever in contravention of the provisions of section 43,-

(a) drinks in a public place;

1. Clause (b) was deleted by Bom. 26 of 1952. s. 36 (2).

2. This section was inserted by Bom. 22 of 1960, s. 59.

3. This word was substituted for the words “pre-Reorganization State of Bombay, excluding the transferred territories" by Bom. 12 of 1959, s. 3.

4. The word "commends" was deleted by Bom. 26 of 1952, s. 35(1).

5. This word was inserted, ibid., s. 35(2).

6. The word "commends" was deleted, ibid., s. 36(1).

7. This words "frustrating provisions of this Act" were deleted, ibid., s. 36(3).

(b) ***** ;

(c) serves liquor at any ceremonial or other function or any assembly of persons where persons (not being members of his family or his employees) not holding permits under section 40, 41, 46A or 47 are present;

shall, on conviction, be punished for every such offence with imprisonment which may extend to six months, or with fine which may extend to ten thousand rupees or with both.]

Penalty for neglect to keep measure etc.

76. Whoever in contravention of the provisions of this Act, rule or regulation or order or condition of any licence, permit or pass granted under this Act.-

(a) neglects to supply himself with measures and weights for measuring and weighing any intoxicant or hemp or with instruments for testing the strength of liquor or keep the same in good condition, or

(b) refuse to measure, weigh or test any intoxicant or hemp in his possession ³[or to have it weighed, measured or tested.]

shall, on conviction, be punished for each such offence with fine which may extend to two thousand rupees.

Penalty for misconduct by licensee etc.

77. Whoever, being the holder of a licence, 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 licence, permit, pass or authorization on demand by a Prohibition Officer or any other officer duly empowered if such licence, permit, pass or authorization is in his possession or control, or

(b) willfully docs or omits to do anything in contravention of any rule, regulation or order made under this Act, or

4* * * * * *

shall, on conviction, be punished for each offence with imprisonment for a term which may extend to ¹[six] months or with fine which may extend to ²[five thousand] rupees or with both.

Penalty for misconduct by licensed vendor or manufacturer.

78. Whoever, being the holder of a licence for the said or manufacture of any intoxicant under this Act, or a person in the employ of such holder or vendor or acting with his express or implied permission on his behalf -

1. These word was substituted for the word “three” by Bom. 22 of 1960. s. 61 (b)

2. These words were substituted for the words "two hundred", ibid.

3. These words were added ibid sec.60.

4. Clause (c) was deleted, ibid., s. 61 (a)

(a) mixes or permits to he mixed with, the said intoxicant any noxious drug or any foreign ingredient likely to add to the actual or apparent intoxicating quality or strength or any article prohibited by any rule made under this Act or water except for the purpose of reducing liquor to the strength prescribed in the licence, or any diluting or colouring substance or any ingredient whatsoever likely to render he intoxicant inferior in quality whether such ingredient is or is not prohibited as aforesaid, when such admixture shall not amount to the offence of adulteration under section 272, of the Indian Penal Code, or

XLV of 1860.

(b) sells or keeps or exposes for sale as foreign liquor, which liquor he knows or has reason to believe to be country liquor, or

XLV of 1860.

(c) marks the cork of any bottle, or any bottle, case, package or other receptacle containing country liquor, or uses any bottle, case, package or other receptacle containing country liquor, with any mark thereon or on the cork thereof with the intention of causing it to be believed that such bottle, case, package or other receptacle contains foreign liquor, when such act shall not amount to an offence of using a false trade mark with intent to deceive or injure any person under section 482 of the Indian Penal Code, or

XLV of 1860.

(d) sells any intoxicant which is not of the nature, substance and quality or other receptacle, with any mark thereon or on the cork thereof with the intention of causing it to be believed, that such bottle, case, package or other receptacle contains foreign liquor, when such act shall not amount to the offence of selling goods marked with a counterfeit trade mark under section 486 of the Indian Penal Code, or

(e) sell any intoxicant which is not of the nature, substance and quality demanded by the purchaser or keeps or exposes for sale any-intoxicant which is not of the nature, substance and quality authorised by the terms of the licence to be kept for sale by the holder of the licence, shall, on conviction, be punished for each such offence with imprisonment for a term which may extend to one year and with fine which may extend to ten thousand rupees.

Liability of licensee for acts of servants.

79. The holder of a licence, permit, pass or authorisation 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 servants, 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 precautions were exercised by him to prevent the commission of such offence :

*****

Import, export, etc. of intoxicant by any person on account of another.	80. (1) Whenever any intoxicant, hemp, mhowra flowers or molasses are manufactured, imported, exported, transported, sold, or are possessed by any person on account of any other person and such other person knows or believe that such manufacture, import, export, transport, sale possession is, on his account, the intoxicant, hemp, mhowra flowers or molasses, as the case may be, .shall, for the purposes of this Act, be deemed to have been manufactured, imported, exported, transported or sold by or to be in possession of, such other person. (2) Nothing in sub-section (1) shall absolve any person from liability lo any punishment under this Act for the unlawful manufacture, import, export, transport, sale or possession of such articles.
Penalty for attempts or abetment.	81. 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 principle offence.
Breach of licence, permit, etc. to be an offence	82. (1) In the event of any breach by the holder of any licence, permit, pas 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 licence, permit, pass or authorization such holder shall, in addition lo the cancellation or suspension of the licence, 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 thousand rupees or with both, unless it is proved that all due and reasonable precautions were exercised by him to prevent any such breach. (2) Any person who commits any such breach shall, whether he acts with or without the permission of the holder of the licence, permit, pass or authorisation be liable lo the same punishment.
Penalty for conspiracy	83. When two or more persons agree- (a) to commit or cause to be committed any offence under this Act, or (b)¹* * * * to commit a breach of a condition of a licence, permit, pass or authorization. each of such persons shall, on conviction, be punished with imprisonment for a term which shall not be less than three years but which may extend to five years or with fine which shall not be less than twenty five thousand rupees but which may extend to fifty thousand rupees or with both.
Penalty for being found drunk in any drinking house.	84. Whoever is found drunk or drinking in a common drinking house or found there present for the purpose of drinking shall, on conviction, be punished with fine which may extend to five thousand rupees. Any person found in a common drinking house during any drinking therein shall be presumed, until the contrary is proved, to have been there for the purpose of drinking.
	1. The words "to defeat or frustrate the provisions of this Act, rules, regulation or order, or" were deleted by Bom. 26 of 1952, s. 37

Penalty for being drunk and for disorderly behaviour

85. ²[(1) Whoever in any street or thoroughfare or public place or in any place to which the public have or are permitted to have access, behaves in a disorderly manner under the influence of drink, shall, on conviction, disorderly be punished;- (a) for a first offence, with rigorous imprisonment for a term which may extend to six months and with fine which may extend to ten thousand rupees:

Provided that, 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 the fine shall not be less than five thousand rupees; and

(b) for a subsequent offence, with rigorous imprisonment for a term which may extend to one year and also with a fine of ten thousand rupees : Provided that, 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 fine shall not be less than seven thousand five hundred rupees.]

¹[(2) In prosecution for an offence under sub-section (1), ii shall be presumed until the contrary is proved that the person accused of the said offence has drunk liquor or consumed any other intoxicant for the purpose of being intoxicated and not for a medicinal purpose.]

Penalty for allowing any premises to be used for purpose of committing an offence under Act.

86. (1) Whoever, being the owner or occupier, or having the use or care or management or control of any place, knowingly permits it to be used for the purpose of the commission by any other person of any offence punishable under this Act, shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to ten thousand rupees or with both :

Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, the imprisonment shall not be less than three months and fine shall not be less than five thousand rupees.

(2) *** Any owner who has leased out his premises to be used by other person under any agreement shall not be held responsible for an offence under sub section (1) committed by the tenant in the premises in his possession, unless it is proved that the owner is actively involved in the commission of such offence.

Penalty for chemist, druggist or apothecary for allowing his premises to be used for purpose of consumption of liquor.

87. A chemist, druggist, apothecary or keeper of a dispensary who allows any liquor, which has not been bona fide medicated for medicinal purposes according to the prescription of a ³[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 ten thousand rupees, or with both.

1. Sub-section (2) was added by Bom. 26 of 1952, s. 88.

2. Sub-section (1) was substituted by Mah. 33 of 1972, s. 2.

3. These words were substituted for the words "medical practitioner" by Bom. 12 of 1959, s. 10.

Penalty for issuing false prescription.

88. If a 1[registered medical practitioner] issues a prescription with the prescriptions, intention that such prescription shall be used by the person to whom it is issued for the purpose of consuming liquor, intoxicating drug or opium in contravention of the provisions of this Act, or rule, regulation or order made thereunder or any licence, permit, pass or authorization granted under this Act, he shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to ten thousand rupees or with both.

Penalty for maliciously giving false information.

89. 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 may extend lo six months or with fine which may extend ten thousand rupees or with both.

Penalty for offences not otherwise provided for.

90. Whoever is guilty of any wilful act or intentional omission in otherwise contravention of the provisions of this Act, or any rule, regulation, or provided for. order thereunder or of any licence, 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 lo six months or with fine which may extend lo five thousand rupees or with both.

Demand for security for abstaining from commission of certain offences.

91. (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 a 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.

V of 1898.

(2) The bond shall be in such form as may be provided under the provisions of the Code of Criminal Procedure," 1898, and the provision of the said Code shall in so far as they arc applicable apply to all mailers 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 in appeal the bond so executed shall become void.

92. [Release of offenders on bond] Deleted by Bom. 67 of 1953, s. 2.

1. These words were substituted for the words "medical practitioner" by Bom. 12 of 1959, s. 10.

* See now the Code of Criminal Procedure, 1973 (2 of 1974).

Demand of security for good behaviour

93. (1) Whenever a ¹[Presidency Magistrate specially empowered by the State Government in this behalf in Greater Bombay and elsewhere, a District Magistrate or Sub-Divisional Magistrate] 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 why he should not be ordered lo execute a bond, with sureties, for his good behaviour for such period not exceeding three years as the Magistrate may direct.

V of 1898

(2) The provisions of the Code or Criminal Procedure, 1898,* shall in so far as they are applicable apply to any proceedings under sub-section (1) as if the bond referred to therein where a bond required to be executed under section 110 of the said Code.

Execution of bonds in respect of minors

94. If any person in respect of whom a bond is ordered lo be executed under ²[sections 91 and 93] is a minor, the bond shall be executed by his guardian.

Punishment for vexatious search, seizure or arrest.

95. Any officer or person exercising powers under this Act who-

Punishment for vexatious delay

(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 on the pretence of seizing or searching for anything liable to confiscation under this Act; 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 ten thousand rupees or with both.

³[96. Any officer or person exercising powers under this Act who vexatiously and unnecessarily delays forwarding to a Magistrate or to the officer-in-charge of the nearest police station as required by the provisions of this Act any person arrested or article seized under this Act shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine which may extend to ten thousand rupees, or with both.]

1. These words were substituted for the original by Bom. 21 of 1954, s. 3. Second Schedule.

* See now the Code of Criminal Procedure, 1973 (2 of 1974).

2. These words were substituted for the words "the last three preceding sections" by Bom. 67 of 1953, s. 3.

3. This section was substituted for the original by Bom. 22 of 1960, s. 62.

Punishment for abetment for escape of persons arrested.

97. Any Officer or person exercising power under this Act, who-

(a) unlawfully releases any person arrested under this Act, or

(b) abets the escape of any person arrested under this Act, or

any other officer of the ⁴[Government] or of a focal authority who abets the commission of any offence against this Act.

shall, on conviction, be punished

(i) if such act is done intentionally, with imprisonment for a term which may extend to thirty months or with fine which may extend to twenty five thousand rupees or with both; or

(ii) if such act is done negligently with imprisonment for a term which may extent to two years or with fine which may extend to ten thousand rupees or both.

Things liable to confiscation

98. (1) Whenever any offence punishable under this Act has been committed,

(a) any intoxicant, hemp, mhowra flowers, molasses, materials, Still, utensil, implement or apparatus in respect of which the offence has been commuted,

(b) where in the case of an offence involving illegal possession, the offender has in his lawful possession any intoxicant, hemp, mhowra flowers or molasses other than those in respect of which an offence under this Act has been committed, the entire stock of such intoxicant, hemp, mhowra flowers or molasses,

(c) where in the case of an offence of illegal import, export or transport, the offender has attempted to import, export or transport any intoxicant, hemp, mhowra flowers or molasses, in contravention of the provisions of this Act, rule, regulation or order or in breach of a condition of a licence, permit, pass or authorization, the whole quantity of such intoxicant, hemp, mhowra flowers or molasses which he has attempted to import, export or transport,

(d) where in the case of an offence of illegal sale, the offender has in his lawful possession any intoxicant, hemp, mhowra (lowers or molasses other than that in respect of which an offence has been committed, the whole of such other intoxicant, hemp, mhowra flowers or molasses, shall be confiscated by the order of the Court.

(2) Any receptacle, package or covering in which any of the articles liable to confiscation wider sub-section (I) is found and the other contents of such receptacle, package or covering and the animals, cans, vessels or other conveyances used in carrying any such article shall like-wise be liable to confiscation by the order of the Court.

4. This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950.

Return of things liable to confiscation to bona fide owners

99. When during the trial of a case for an offence under this Act the Court decides that anything is liable lo 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 produces in support of his claim owners order confiscation, or in the case of any article other than an intoxicant, hemp, mhowra flowers or molasses give the owner an option to pay fine as the Court deems fit in lieu of confiscation : Provided that no animals, can, vessel, vehicle or other conveyance shall be confiscated if the owner thereof satisfies the Court that he had exercised due care in preventing the commission of the offence.

Procedure in confiscation

100. 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 ⁴[Commissioner], Collector or any other officer authorised by the ²[State] Government in this behalf may make an inquiry and if after such inquiry 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 from the date of seizure, or without hearing ⁴[the person, if any, claiming any right thereto] and the evidence, if any, which he produces in support of this claim.

Power of Collector, etc. to order sale or destruction or articles liable to confiscation.

101. If the thing in question is liable to speedy and natural decay, or if the ¹[Commissioner] Collector, ³[Court] or the officer authorized by the ²[State] Government in this behalf is of opinion that the sale would be for the benefit of the owner, the ¹[Commissioner], Collector, ³[Court] or the officer may at any time direct to be sold and the provisions of section 99 or 100 shall apply so far as may be to the net proceeds of the sale :

⁵[Provided that, were anything is liable to speedy and 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.]

1. This word was substituted for the word "Director" by Man. 52 of 1973, s. 3, Sch.

2. This word was substituted for the word "Provincial" by the Adaptation of Laws Order 1950.

3. This word was substituted for be word "Magistrate" by Horn. 21 of 1954, s. 3. Second Schedule

4. These words were substituted for the words "any person who can claim any right thereto by Bom. 22 of 1960. s. 63.

5. This provision was substituted for the original by Bom. 22 of 1960, s. 64.

Forfeiture of any publication containing advertisement matter ⁹[soliciting] use of intoxicants

102. (1) Where any newspaper, news-sheet, book, leaflet, booklet or other publication wherever primed or published appears lo the ⁵[State] Government to contain any advertisement or matter ⁶* soliciting the use any or hemp, the ⁵ (Stale] Government may, by notification in the Official Gazette, declare every copy of such newspaper, news-sheet, book, leaflet, booked or other publication whether printed or published in the ⁷[State] or outside to be forfeited to ⁸[the State Government], and thereupon any Police Officer may seize the same wherever found in the ⁵[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 be executed in the manner provided for the execution of search warrants under the Code of Criminal Procedure, 1898.*

V of 1898.

(2) The declaration of the ^s[State] Government under this section shall be final and shall not be questioned in any Civil or Criminal Court.

Presumption as to commission of offences in certain cases

103 (1) In prosecutions under any of the provisions of this Act, it presumed without further evidence, until the contrary is proved, that the accused person had committed an offence under this Act in respect intoxicant, hemp, mhowra flowers or molasses or any, still, utensil, implement or apparatus, whatsoever for the manufacture of an intoxicant 10* * * *

¹¹[or any materials which have undergone any process towards the manufacture of any intoxicant or form which an intoxicant has been manufactured,] For the possession of which he is unable lo account satisfactorily.

4* * * * *

103A. [Report of certain registered medical officers as evidence.] Deleted by Born- 12 of 1959. s. 12.

4. Sub-section (2) was deleted by Bom. 22 of 1960, s. 65 (b)

5. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

6. The word "commending" was deleted by Bom. 22 of 1960, s, 39.

7. This word was substituted for the words "pre-Reorganization State of Bombay, excluding the transferred territories” by Bom. 12 of 1954, s. 3.

8. These words were substituted for the words "His Majesty" by the Adaptation of Laws Order, 1950.

9. This words was substituted tot the word "commending" by Bom. 26 of 1952, s. 39.

10. The words “as are ordinarily used in die manufacture of such intoxicant" were deleted by Bom. 22 of 1960.-s. 65 (a).

11. These words were inserted by Bom. 20 of 1955, s. S.

12. See now the Code of Criminal Procedure, 1973 (2 of 1974)

Compounding of offences

104 (1) The ²[State] Government may sanction the acceptance from any person whose licence, permit, pass or authorization is liable to be cancelled or suspended under the (provisions of sections 54 and 56) or who is reasonably suspected of having committed an offence under section ³[67A, 67B, 69, 73, 74, 76, 77, 82 or] 108, of a sum of money in lieu of such cancellation or suspension or by way of composition for the offence which may have been committed, as the case may be; and in all cases in which any property other than the intoxicant, hemp, mhowra flowers or molasses has been seized as liable to confiscation under this Act may release the same on payment of the value thereof as estimated by the ²[state Government or such officer as the ²[State] Government may authorize in this behalf : Provided that where a person who is reasonably suspected of having committed an offence under section ³[ 69, 70 or] 108 is not the holder of a licence, permit, pass or authorization granted under this Act or a person in the employ of such holder or a person acting with his express or implied permission on his behalf, the sum of money which may be accepted from such person by way of composition shall not exceed five hundred rupees :⁴[Provided further that, in the case of a person who is reasonably suspected of having committed an offence under section 108, for not more than three occasions the sum of money which shall be accepted from him by way of composition for the offence, shall,-

(a) for the first offence, be an amount equal to three times the duty or fee evaded by him;

(b) for the second offence, be an amount equal to four times the duty or fee evaded by him; and

“Provided also that, the sum of money which he may be accepted by way of composition for the offence under the second proviso shall be in addition to the duty or fee to be paid by him under this Act.” (2) On the payment by such person of such sum of money, or such value or both, as the case may be, such person, if in custody, shall be set at liberty and the property seized may be released and if any proceedings shall have been instituted against such person in any Criminal Court, the composition shall be held to amount lo an acquittal and in no case shall any further proceedings be taken against such person or properly with reference to the same facts.

Bom. XIX of 1938, XX of 1958, V of 1989. Bombay Probation of Offenders Act, 1938 and section 562, Code of Criminal Procedure, 1898, not to apply to persons convicted offence under this Act.

⁵[104A. Nothing in the Bombay Probation of Offenders Act, 1938, or ⁶[in any law corresponding to that Act in force in any part of the State or in the probation of Offenders Act, 1958, where that Act is brought into force in any part of the State or in] section 562 of the Code of Criminal Procedure, 1898*, shall apply to any person convicted of any offence under this Act.]

2. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

3. These figures and word were: inserted by Hum. 26 of 1952, s. 40.

4. This proviso was added by Bom. 22 of 1960. s. 66.

5. Section 104A was inserted by Horn. 67 of 1953, s. 4.

6. These words and figures were inserted by Bom. 12 of 1959, s. 13.

* See now the code of Criminal Procedure, 1973 (2 of 1974).