Amendment status not verified — confirm the current text below against the official source.
Whoever, being the owner or occupier or having the use of any house, room, enclosure, space, vessel, vehicle or place, knowingly permits it to be used for the commission by any other person of an offence punishable under section 53, section 54 or section 55, shall be punished with imprisonment which may extend to two years, or with fine, or with both. Offences not specially provided for.- 64. Whoever, in any case not otherwise provided for under this Act, willfully contravenes any of the provisions of this Act or of any Rule, notification or order made or issued thereunder shall be punished with fine which may extend to two hundred rupees. Attempts.- 65. Whoever attempts to commit any offence punishable under this Act shall be liable to the punishment provided for such offence. Abetments.- 66. Whoever abets an offence punishable under this Chapter shall, whether such offence be or b not committed in consequence of such abetment, and notwithstanding anything contained in section 116 of the Indian Penal Code, (XIV of 1960) be punished with the punishment provided for the offence. Enhanced punishment after previous conviction.- 67. If any person, after having been previously convicted of an offence punishable under sections 53,54,55 or 61, subsequently commits and is convicted of an offence punishable under any of those sections, he shall be liable to twice the punishment which might be imposed on a first conviction under this Act. Security for abstaining from commission of certain offences.- 68. (1) Whenever any person is convicted of an offence punishable under section 53, section 54, section 55, section 56 or section 61 and the Court convicting him is of opinion that it is necessary to require such person to execute a bond for abstaining from the commission of offences punishable under those sections, the Court may, at the time of passing sentence on such person, order him to execute a bond for a sum proportionate to his means with or without sureties, for abstaining from the commission of such offences during such period, not exceeding three years as it thinks fit to fix. (2) The bond shall be in the form contained in the Schedule and the provisions of the Code of Criminal Procedure, 1898, (V of 1898) shall, in so far as they are applicable, apply to all matters connected with such ordered to be executed under section 106 of that Code. (3) If the conviction is set aside on appeal or otherwise, the bond so executed shall become void. (4) An order under this section may also be made by an Appellate Court, or by the High Court when exercising its powers of revision. Initiation of prosecution.- 69. (1) No Magistrate shall take cognizance of an offence punishable: (a) under sections 53, 54, 55 of 61 except on his own knowledge or suspicion, or on the complaint or report of an Excise Officer; (b) under sections 56, 57, 58 or 64, except on the complaint or report of a Collector or other officer empowered under section 42, sub-section (2) to investigate the case; or (c) under clauses (d) and (e) of section 62 except with the sanction of the Deputy Commissioner. (2) Except with the special sanction of the State Government as Magistrate shall take cognizance of any offence punishable under this Act, unless the prosecution is instituted within six months after the commission of the offence. Magistrates empowered to try cases under this Act.- 70. Offences under this Act shall be triable only by Magistrates exercising powers not less than those of a Magistrate of second class. Presumption.- 71. (1) When in any prosecutions under this Act or in any proceedings taken under section 75 sub-section (3), the question arises whether an offence punishable under this Act has been committed in respect of- (a) an intoxicant or hemp plant (Connabis Sativa); (b) any still, utensil, implement or apparatus whatsoever for the manufacture of any intoxicant; or (c) any materials such as are ordinarily used in the manufacture of any intoxicant, if the person found in possession thereof fails to account satisfactorily for such possession; it may be presumed, until the contrary in proved, that his possession was in contravention of the provisions of this Act. (2) When in any prosecution under section 58 any licensed vendor is charged with permitting drunkenness or intoxication in his shop or in any public room of his business premises, and it is proved that any person was drunk or intoxicated in such shop or room, it shall lie on such vendor to prove that he and the persons employed by him took all reasonable steps for preventing drunkenness or intoxication in such shop or room. Presumption as to offence under section 55 in certain cases.- 72 In prosecutions under section 55, when the accused person is proved to have been in possession of any spirit which is, or contains, or has been derived from, denatured spirit, and in respect of which any such alteration attempt as is referred to in section 55 has been made, it may, from the mere fact of such possession, be presumed, unless and until the contrary is proved, that such person- (i) has himself made such alteration or attempt; or (ii) knows or has reason to believe that such alteration or attempt has been made. Presumption as to any spirit which contains any denaturant.- 73. In any prosecution under this Act, it may be presumed unless and until the contrary is proved, that any spirit which contains any quantity of any denaturant is, or has been derived from denatured spirit. Liability to confiscation.- 74. Whenever an offence punishable under this Act has been committed, the following things shall be liable to confiscation, namely- (a) the intoxicant hemp plant (Connabis sativa), still, untensil, implement, apparatus, or materials in respect of or by means of which such offence has been committed; (b) any intoxicant lawfully imported, transported, manufactured and in possession or sold along with any intoxicant liable to confiscation as aforesaid; (c) the receptacles, packages, and coverings, in which anything, liable to be confiscation under clause (a) or clause (b) is found and the other contents, if any, of such receptacles and packages; and (d) the animals, carts, vessels, rafts or other conveyances used in carrying anything referred to in the foregoing clauses; Provided than when it is proved that the receptacles or other articles specified in clauses (c) and (d) are not the property of the offender, the said articles shall not be liable to confiscation if the owner thereof establishes that he had not reason to believe that such offence was being or was likely to be committed. Procedure in regard to articles liable to confiscation.- 75. (1) When in any case tried by a Magistrate, the Magistrate decides that anything is liable to confiscation under section 74, he shall order such thing to be confiscated and placed at the disposal of the Collector. (2) When in any other case in which anything has been seized under this Act an investigating officer proceeds under section 43, sub-section (2), the Collector, upon an investigation made, whether by the Collector or other officer under section 42, is of opinion that the thing seized is not liable to confiscation under section 74 such investigating officer or the Collector, as the case may be, shall order the delivery of such thing to the person from whose possession it was taken. (3) When upon an investigation made as aforesaid it appears to the Collector that an offence under this Act has been committed, and that anything seized under this Act is liable to confiscation and it further appears that the offender is not known or cannot be found, the Collector shall inquire into and determine the case and, if he finds that the thing is liable to confiscation under section 74 shall order such confiscation; Provided that no such order shall be made until the expiration of two months from the date of seizing the thing intended to be confiscated or without hearing any person who may appear within that period and claim any right to such thing, and evidence if any, which he produces in support of his claim; Provided further, that if the thing in question is liable to speedy and natural decay, or if the Collector is of opinion that its sale would be for the benefit of the owner, the Collector may at any time direct it to be sold; and the provisions of this sub-section and of sub-section (2) shall as nearly as may be practicable, apply to the net proceeds of such sale. Power to compound offences.- 76. (1) When any license, permit or pass is liable to be cancelled or suspended under clause (a) or clause (b) of section 29, sub-section (1) or when any person is reasonably suspected of having committed an offence under this Act other than an offence under section 62, the Excise Commissioner or a Collector, instead of enforcing such cancellation or suspension or instituting a prosecution in respect of such offence, may accept from the holder of such license, permit or pass or from such person a sum of money not exceeding five hundred rupees, and thereupon such holder or person, it in custody, shall be discharged, and no further proceedings in respect of such liability or offence shall be taken against him: And if in any such case any property has been seized as liable to confiscation under this Act, the Excise Commissioner or the Collector may release the same on receiving payment of the value thereof as estimated by him, or of such sum smaller as he may think fit. (2) The Excise Commissioner or Collector may also, after the institution against any person of a prosecution in respect of any offence under this Act other than an offence under section 62, compound the offence on payment by such person of a sum of money not exceeding five hundred rupees. SCHEDULE BOND TO ABSTAIN FROM THE COMMISSION OF OFFENCE UNDER THIS ACT (See Section 68) WHEREAS I (name), inhabitant of (place), have been called upon to enter into a bond to abstain from the commission of offences under section 53, section 54, section 55, section 56, and section 61 of the Nagaland Excise Act, 1967, for the term of I hereby bind myself not to commit any such offence during the said term and, in case of my making default therein, I hereby bind myself to forfeit to the State Government the sum of rupees Dated this day of 19 (Signature) (Where a bond with sureties is to be executed, add-) We do hereby declare ourselves sureties for the above named that he will abstain from the commission of offence, under section 53, section 54, section 55, section 56 and section 61 of the Nagaland Excise Act, 1967, during the said term; and, in case of his making default therein, we bind ourselves, jointly and severally, to forfeit to the State Government, the sum of rupees. Dated this date of 19 (Signature)