Amendment status not verified — confirm the current text below against the official source.
(1) Whoever- (a) imports, exports, transports or possesses liquor or any intoxicating drug; or (b) manufactures liquor or any intoxicating drug; or (c) except in accordance with the rules made by [State Government] in that behalf, cultivates the hemp plant (Cannabis Sativa); or collects any portion of such plant from which an intoxicating drug can be manufactured; or (d) taps any toddy producing tree or permits or suffers to be tapped any toddy-producing tree belonging to him or in his possession; or (e) draws toddy from any tree or permits or suffers toddy to be drawn from any tree belonging to him or in his possession; or (f) constructs or works any distillery or brewery; or (g) uses keeps or has in his possession any materials, still utensil, implement or apparatus whatsoever for the tapping of toddy or the manufacture of liquor or any intoxicating drug; or (h) bottles any liquor for purposes of sale; or (i) sells liquor or any intoxicating drug; or (j) consumes or buys liquor or any intoxicating drug; or (k) allows any of the acts aforesaid upon premises in his immediate possession, shall be punished- [(i) in the case of an offence falling under clause (f) or an offence falling under clause (k) in so far as it relates to an act specified in the clause aforesaid, with imprisonment for a term which may extend to two years and with fine which may extend to five thousand rupees, but in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the Court- (A) such imprisonment shall not be less than six months and such fine shall not be less than one thousand rupees for a first offence; (B) such imprisonment shall be rigorous and shall not be less than one year and such fine shall not be less than two thousand rupees for a second and subsequent offences; (ii) in the case of an offence falling under clause (b), clause (h) or clause (i) or an offence falling under clause (k) in so far as it relates to an act specified in any of the clauses aforesaid, with imprisonment for a term which may extend to two years and with fine which may extend to five thousand rupees, but in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the Court- (A) such imprisonment shall not be less than three months and such fine shall not be less than five hundred rupees for a first offence; (B) such imprisonment shall be rigorous and shall not be less than one year and such fine shall not be less than two thousand rupees for a second and subsequent offences; (iii) in any other case, with imprisonment for a term which may extend to one year or with fine which may extend to two thousand rupees or with both, but in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court- (A) such imprisonment shall not be less than three months and such fine shall not be less than five hundred rupees for a first offence. (B) such imprisonment shall be rigorous and shall not be less than six months and such fine shall not be less than one thousand rupees for a second and subsequent offences: Provided that nothing contained in this sub-section shall apply- (i) to any act done under and in accordance with, the provisions of the Act or the terms of any rule, notification, order, licence or permit issued thereunder, or (ii) to the possession, sale, purchase, use or consumption of duty-paid medicinal or toilet preparations for bonafide medicinal or toilet purposes]. (2) It shall be presumed until the contrary is shown- (a) that a person accused of any offence under clauses (a) to (j) of sub-section (1) has committed such offence in respect of any liquor or intoxicating drug or any still, utensil, implement or apparatus whatsoever for the tapping of toddy or the manufacture of liquor or any intoxicating drug or any such materials as are ordinarily used in the tapping of toddy or the manufacture of liquor or any intoxicating drug for the possession of which he is unable to account satisfactorily; and (b) that a person accused of any offence under clause (k) of sub-section (1) has committed such offence if an offence is proved to have been committed in premises in his immediate possession in respect of any liquor or intoxicating drug or any still, utensil, implement or apparatus whatsoever for the tapping of toddy or the manufacture of liquor or any intoxicating drug, or any such materials as are ordinarily used in the tapping of toddy or the manufacture of liquor or any intoxicating drug: Provided that mere possession of an implement that may be used for tapping will not give rise to the presumption under this sub-section in respect of an area where tapping of sweet toddy may by notification be permitted. Adapted by K.A.L. Order, 1956. Substituted by Act 25 of 1960.