Amendment status not verified — confirm the current text below against the official source.
1[(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[ * * * * * *] (b) consumes, uses, possesses or transports any intoxicant 3[other than opium,] or hemp, (c) taps or permits to be tapped any toddy producing tree, (d) draws or permits to be drawn toddy from any tree, 4[(e) enters the territory of the State in an intoxicated condition or under the infl uence of an intoxicant (other than opium ) or hemp, after having consumed such intoxicant or hemp at any place outside the State,] shall, on conviction, be punished,— (i) for a fi rst offence, with imprisonment for a term which may extend to six months and with fi ne which may extend to one thousand rupees; 5[ * * * * *] (ii) for a second offence, with imprisonment for a term which may extend to two years and with fi ne which may extend to two thousand rupees; 6[ * * * * *] (iii) for a third or subsequent offences, with imprisonment for a term which may extend to two years and with fi ne which may extend to two thousand rupees; 7[ * * * * *] 8[ (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 9[or in any trial of an offence under clause (e) of sub-section (1) for entry in the terri- tory of the State after consumption of an intoxicant or hemp at any place outside the State], 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 10[ not less than 0.05