Bare ActsThe Punjab Excise Act, 1914(Bare Act )

Section 33

Amendment status not verified — confirm the current text below against the official source.

Possession in excess - A person in possession of liquor in quantity in excess of the quantity stipulated in the license would be committing an offence. Section 3(1)(4) of the Excise Act, 1896 provides quantity of liquor which can be possessed by a licensee. Therefore, the licensee can possess the quantity only prescribed in his license. If he is in possession of more than the prescribed quantity of the liquor license granted to him, he is liable to be punished under Section 61 or any other law in this behalf. Even a licensee in possession of excess of the quantity of the liquor prescribed in the license granted to him and also outside the premises for which license has been granted is also punishable under Section 61 of the Punjab Excise Act, 1940 for the contravention of the provisions of Section 24(3) of this Act. When admittedly a prohibited article under the Act has been found in possession of the ac- cused then the accused are to prove that they had sufficient reasons for being in possession of the said prohibited article Prohibited Articles found in the joint Hindu family house. Joint Hindu family consisted of two brothers. Both the brother must be presumed to have knowledge of possession of the pro- hibited articles. Possession of prohibited articles by the accused must be proved for inferring presumption of guilt against them. A person in occupation of a house cannot be presumed to be in possession f all the articles within his knowledge unless it is proved that the fact of possession of prohibited articles was within his knowledge

Section 33 – The Punjab Excise Act, 1914(Bare Act ) | DailyLaw.ai