Bare ActsThe MP Excise Act

Section 38

Penalty for certain unlawful acts of licensed vendors

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Penalty for certain unlawful acts of licensed vendors.— (1) A licensed vendor or any person in his employ and acting on his behalf who -.— (a) sells any intoxicant to a person who is drunk or intoxicated; or (b) sells or gives any intoxicant to any person in contravention of Section 23; or (c) in contravention of Section 22 employs or permits to be employed on any part of his licensed premises referred to in that section any male person or woman; or (d) permits drunkenness, intoxication, disorderly conduct, dancing, singing, playing of music or gaming on the licensed pre mises of such vendor; or (e) permits persons whom he knows or has reason to believe to have been convicted of any non-bailable offence, or who are prostitutes, to resort to or assemble on the licensed premises of such vendor whether for the purposes of crime or prostitution or not; shall be punishable with fine which shall not be less than one hundred rupees but which may extend to two thousand rupees. 30 (2) Where any licensed vendor, or any person in his employ and acting on his behalf, is charged with permitting drunkenness on the premises of such vendor and it is proved that any person was drunk on such premises, the burden shall lie on the person charged to prove that the licensed vendor and the persons employed by him took all reasonable steps for preventing drunkenness on such premises. 38-A. Penalty on licensed manufacturer or vendor of intoxicants for mixing or permitting to be mixed with such articles any noxious drug or any foreign ingredient or any diluting or colouring substance.— If a licensed manufacturer or licensed vendor or any person in his employ and acting on his behalf, mixes or permits to be mixed, with any intoxicant manufactured, sold or kept or exposed for sale by him, any noxious drug, or any foreign ingredient in the licence, or has in possession any intoxicant in respect of which such admixture has been made, he shall be punishable with imprisonment which shall not be less than one month but which may extend to one year or with fine which shall not be less than three hundred rupees but which may extend to two thousand rupees or with both.

Section 38 – The MP Excise Act | DailyLaw.ai