Amendment status not verified — confirm the current text below against the official source.
Whoever, in contravention of this Act or of any rule, notification or order made or issued under this Act, or of any license, permit or pass granted under this Act- (a) imports, exports, transports, manufactures, possesses, or sells any intoxicant; or (b) cultivates, collects, or sells the hemp plant (Cannabis sativa); or (c) constructs or works, any distillery or brewery; or (d) uses, keeps or has in his possession any materials, still, utensil, implement or apparatus whatsoever for the purpose of manufacturing any intoxicant; or (e) bottles any liquor for purposes of sale, shall be punished with imprisonment which may extend to two years and with fine and the convicting Magistrate shall direct the offender to be imprisoned in default of payment of fine for a term which may extend to one year and such imprisonment shall be in addition to any other imprisonment to which he may have been sentenced. Unlawful possession in certain cases.- 54. Whoever without lawful authority has in his possession any quantity of any intoxicant knowing the same to have been unlawfully imported, transported or manufactured, or knowing that the prescribed duty has not been paid thereon shall be punished with imprisonment for a term which may extend to two years or with a fine, or with both; and, where a fine is imposed, the convicting Magistrate shall direct the offender to be imprisoned in default of payment of fine for a term which may extend to one year, and such imprisonment shall be in addition to any other imprisonment to which he may have been sentenced. Penalty for altering or attempting to alter any denatured spirit.- 55. If any person alters or attempts to alter and denatured spirit, whether manufactured in India or not, with the intention that such spirit may be used for human consumption whether as a beverage, or, internally, as a medicine or in any other way whatsoever, by any method whatsoever, 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, he shall be liable to imprisonment for a term which may extend to one thousand rupees, or with both. Adulteration, etc.- 56. Whoever, being the holder or license, permit or pass granted under this Act, or being in the employ of such holder, willfully contravenes any rule made under section 36 (2) (1), (i), (ii), and (iii) shall be punished with imprisonment which may extend to two years, or with fine, shall direct the offender to be imposed in default of payment of fine for a term which may extend to one year, and such imprisonment shall be in addition to any other imprisonment to which he may have been sentenced. Fraud by licensee or his servant.- 57, Whoever being the holder of a license, permit or pass granted under his Act, or being in the employ of such holder – (a) keeps or exposes for sale, as foreign liquor any liquor which he knows or has reason to believe to be country liquor, or (b) marks or otherwise deals with any bottle, case, package or other receptacle containing country liquor, or marks the cord of any such bottle, with the intention of causing it to be believed that such bottles, case, package or other receptacle contains foreign liquor shall be punished with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. Breach of rule or condition of license.- 58. Whoever being the holder of a license, permit or pass granted under this Act, or being in the employ of such holder and acting on his behalf- (a) fails 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 (b) in any case not otherwise provided for in this Act willfully contravenes any rule made under section 36 or willfully does or omits to do anything in breach of any of the conditions of such license, permit or pass shall be punished in case (a) with fine which may extend to fifty rupees, and in case (b) with fine which may extend to five hundred rupees. Liability of license for offence committed by his agent. – 59. The holder of a license, permit or pass granted under this Act shall be punishable as well as the actual offender, for any offence punishable under section 53, 54, 55, 56, 57 of 58 committed by any person in his employ and acting on his behalf, as if he had himself committed such offence, unless he establishes that all due reasonable precautions were exercised by him to prevent the commission of such offence: Provided that no person other than the actual offender shall be punished with imprisonment except in default of payment of fine. Import, export, transport, manufacture, sale or possession by one person on account of another. – 60. (1) When any intoxicant has been imported, exported, transported, manufactured or sold or is possessed by any person, on account of any other person, and such other person knows or has been to believe that such import, export, transport, 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 imported, exported, transported manufactured or sold by, or to be in the possession of, such other person. (2) Nothing in sub-section (1) shall absolve any person who imports, exports, transports, manufactures, sells or has possession of an intoxicant on account of another person from liability to any punishment under this Act for the unlawful import, export, transport, manufacture, sale or possession of such article. Consumption of intoxicants, in druggist shop. – 61. (1) If any chemist, druggist, apothecary or keeper of a dispensary allows any intoxicant which has been bonafide medicated, to be consumed on his business premises by any person not employed in his business, he shall be punished with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both. (2) If any person not employed as aforesaid consumes any such intoxicant on such premises, he shall be punished with fine which may extend to two hundred rupees. Vexatious search, seizure, detention or arrest or refusal of duty or cowardice on par of Excise officer. – 62. Whoever, being an Excise officer: - (a) without reasonable grounds of suspicion, searches or causes to be searched any place, under colour of exercising any power conferred by this Act; or (b) vexatiously and unnecessarily seizes any property of any person on the pretence of seizing or searching for any article liable to confiscation under this Act; or (c) vexatiously and unnecessarily detains, searches or arrests any person; or (d) without lawful excuse ceases or refuses to perform or withdraws himself from the duties of his office, unless expressly and in writing allowed to do so by the Collector, or unless he shall have given his immediate superior two months’ notice in writing of his intention to do so; or (e) is guilty of cowardice, shall be punished with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. Punishment for allowing premises to be used for the commission of an offence.-