Amendment status not verified — confirm the current text below against the official source.
Liquor. - The word liquor has been defined in Section 3(14) of the Act. All intoxicating liquor consisting of, or containing alcohol or the liquors which the State Government may declare by Notification to be liquor for the purpose of this Act are covered under this definition. As per the Punjab Excise Liquor Definitions, 1954, and the notification No. SO- 3/l0/P.A.1/S- 3/62, dated 12 October, 1962 of the Revenue Department” Lahan” Methyl Alcohol, Spirituous preparation mentioned in the notification and all medicinal preparations containing more than 20% proof strength of alcohol except the spirituous Medicinal preparations given in the notification are liquor. Lahan was added to the articles mentioned as the definition of liquor vide Amendment Act 36 of 1973 and the possession of the same was made an offence. If not specifically excluded even the medical and toilet preparations are covered under the definition of liquor. Delhi Intoxicating Spirituous, Preparations, Import, Export, Transport, Possession and Sales Rules, 1952, an amended upto December, 1961 and the notification No. F.10(27)/61-Fin.( e)( 1) and the notification No. F. 10 (27)/5-fin.( e)(ii) are not ultra vires of the provision of the Punjab Excise Act and any of the Article of the Constitution of India. There is nothing to prevent the declaration of particular meaning to a word in an interpreta- tion clause also containing in it positive enactment. A part of the definition may be declaratory or specific and stated meaning and the remaining part may be a positive enactment conferring power. The last part of Section 3(14) of the Punjab Excise Act is a positive enactment conferring power on the Chief Commissioner to declare any substance to be liquor for the purpose of the Act The definition of Liquor contained in the Punjab Excise Act 1914 does not contravene Art. 13 of the Constitution of India. Validity of Notification declaring spirituous preparation with 20% proofa1coholic Content to be liquor: Govt. Compietent to add any article or substance to the definition of liquor under Section 3(14)-Notification, listing preparations which are not capable of being consumed as ordinary alcoholic beverages bring impractical, was neither vague nor ultra vires of Section 3(14) (1962 SC 579 Reffered.) The beer has been specifically notified under Section 3(14) of the foreign liquor and is so far as licenses in Form L-4 and L-5 specifically permit the sale of foreign liquors, the licensee cannot be restrained from dealing with beer under these licenses. The definition of "liquor" contained in the Act is wide enough by itself to include "Beer" therein. The two articles are not wholly independent of each other though beer has been separately defined in the Act. It is not unusual to define in a statute a genus as well as some its species. Rules framed imposing reasonable restriction over medical preparations, necessitated by the real facts and circumstances to check the misuse of 5uch privilege, were found not contravening Article 19( 1)( f)(g) of the Constitution of India. Under Section 3(14) the Govt. has power to declare any substance to be liquor for the pur- poses of this Act. A power has been conferred on the authorities to declare any substance to be liquor for the purpose of Excise Act. Denatured spirit was specifically held to be a liquor in Pritpal Singh v. Chief Commissioner,. Possession of Drug "Maha Shakti Sudha" was not exempt from the operation of notification No. 10(27)/61 dated 7.12.61 made in the exercise of powers under Section 3(14) of the Punjab Excise Act, by virtue of Rule 24 of the Delhi Intoxicating Spirituous Preparations, Import, Export, Transport, Possession and Sale Rules. As the medicine did not fall under Rule 24 its possession for sale would be violative of Excise Rules. It was found that the use of medicinal preparation was diverted to misuse on a large scale for the purposes of intoxication and not for medical purposes. Authorities were compelled to frame the Rules and issue notification to check any further such misuse.