Kerala Abkari Act, 1077
The Act was passed by His Highness the [Maharaja] of Cochin on the 5th day of August 1902, corresponding to the 31st day of Karkadagom 1077 and extended to the whole of Kerala as per Act 10 of 1967 which received the assent of the President on 29th July, 1967.
Preamble. - Whereas it is expedient to consolidate and amend the law relating to the import, export, transport, manufacture, sale and possession of intoxicating liquor and of intoxicating drugs in the [State of Kerala] is enacted as follows:-
The Abkari Act, 1 of 1077, is a comprehensive legislation enacted by the Kerala government to regulate, control, and tax the manufacture, sale, possession, and transportation of liquor and intoxicating drugs within the state. It is a pre-constitutional law that has been amended over time to address evolving issues related to liquor regulation and public health.
The Preliminary section of the Abkari Act, 1 of 1077, primarily defines the short title, scope, and interpretation of the Act. It establishes the authority of the government to make rules and repeals previous enactments inconsistent with the Act. It also clarifies the extent of the Act's application across the state of Kerala.
The Preliminary section sets the foundation for the entire legislation by defining its scope and ensuring clarity in its application. It authorizes the government to frame rules, interpret provisions, and consolidate the law governing intoxicating liquor and drugs within Kerala. It also clarifies that the Act is applicable throughout the state.
Since the Preliminary section is mainly procedural and definitional, it does not prescribe specific punishments. Punishments are detailed in other sections of the Act for violations such as illegal manufacture, sale, or possession of liquor, with penalties including imprisonment, fines, or both.
Note: The analysis is based on the available sources, which primarily include the legal provisions and summaries related to the Preliminary section of the Abkari Act, 1 of 1077.
This Act may be cited as "the [Abkari Act] 1 of 1077.
Extent. - It extends to the whole of the [State of Kerala].
[Commencement.- x x x ]
Section 1 of the Kerala Abkari Act, 1077, primarily establishes the short title, extent, and commencement of the Act. It provides the legal foundation for the regulation of import, export, manufacture, sale, possession, and transport of intoxicating liquors within Kerala. The section also indicates the repealing of prior laws and sets the scope of the Act’s application.
Section 1 states that the Act may be called the Kerala Abkari Act, 1077, and extends to the whole of Kerala. It specifies the date of commencement and mentions that it repeals earlier laws relating to similar subjects. The section also defines the object and scope, emphasizing the regulation and control over intoxicating liquors, including toddy, and their trade within the state.
While Section 1 itself does not specify punishments, violations of the provisions under the Act attract penalties outlined in subsequent sections:- Section 55: Penalties for illegal possession, sale, or transport of liquor.- Section 57: Penalties for adulteration and manufacturing illicit liquor.- Section 8: Penalties for possession and possession with intent to sell.- Section 67B: Confiscation of vehicles and articles used in violations.- Penalties can include fines, imprisonment, or both, with durations varying based on the offence.
"Scope and Extent" - Section 1 clearly defines the geographical and subject-matter scope of the Act, ensuring its applicability across Kerala for regulation of intoxicating liquor trade. [A. K. Sukumaran Nair VS State of Kerala]
"Legal Foundation" - The section provides the statutory basis for subsequent provisions, rules, and enforcement actions under the Act. [Mohanan VS State of Kerala]
"Object of the Act" - It underscores the purpose of regulation and control over liquor, aiming to curb illicit activities and regulate lawful trade. [01500000138]
"Repeal of Previous Laws" - The explicit mention of repealing earlier laws ensures the uniformity and clarity of the legal regime governing liquor in Kerala. [A. K. Sukumaran Nair VS State of Kerala]
"Territorial Jurisdiction" - The application of the Act throughout Kerala indicates comprehensive coverage, but subsequent sections specify the powers within particular jurisdictions. [Kamalaksha, S/o. Narayana VS The Sub Inspector of Police]
"Legal Authority to Make Rules" - Section 1 authorizes the government to frame rules under the Act, which are essential for detailed regulation and enforcement. [Sumathy VS State of Kerala ]
"Scope of Activities" - The section encompasses all stages of liquor trade, including import, export, manufacture, sale, possession, and transport, providing a comprehensive regulatory framework. [Sumathy VS State of Kerala ]
"Penal Provisions" - Though not detailed here, penalties for violations are prescribed in later sections, making the Act a strict regulatory tool. [Ommen Mathew VS Excise Commissioner, Tvm. ]
"Legal Certainty" - By establishing the title, extent, and object, Section 1 provides legal certainty and clarity for enforcement agencies and the public. [P. T. Sunil Kumar VS Excise Commissioner, of Excise]
"Enabling Provision" - It acts as an enabling provision, empowering the government to make rules and regulations for effective implementation of the Act. [Thomas VS Sub Inspector of Police ]
"Legislative Intent" - The section reflects legislative intent to comprehensively regulate liquor and related activities within Kerala, balancing public health, morals, and revenue. [Sasidharan VS State of Kerala]
"Scope of Enforcement" - The broad scope indicates that all activities related to intoxicating liquors are subject to regulation, including illicit activities, with penalties prescribed for breaches. [01500038790]
"Legal Hierarchy" - It situates the Kerala Abkari Act within the hierarchy of laws, with subsequent rules and notifications supplementing its provisions. [Sumathy VS State of Kerala ]
"Amendments and Updates" - The section’s framework allows for amendments and updates through government rules, ensuring adaptability to changing circumstances. [Ommen Mathew VS Excise Commissioner, Tvm. ]
"Legal Clarity" - Clarifies that the Act’s provisions are applicable throughout Kerala, providing a uniform legal regime for liquor regulation. [P. T. Sunil Kumar VS Excise Commissioner, of Excise]
"Rule-Making Power" - It explicitly grants the government authority to formulate rules, facilitating detailed procedural and substantive regulation. [Thomas VS Sub Inspector of Police ]
"Relevance for Enforcement" - Section 1’s provisions are foundational for law enforcement, licensing, and adjudication related to liquor offences. [01500038524]
"Legal Framework for Control" - Establishes the legal framework necessary for controlling the manufacturing, sale, and possession of intoxicants, crucial for public order and health. [Kamalaksha, S/o. Narayana VS The Sub Inspector of Police]
Note: The references correspond to the sources provided, formatted as bullet points with key keywords, summaries, and source identifiers.
From the date on which this Act comes into force [***], the enactment mentioned in the schedule hereto annexed shall be repealed to the extent specified in the third column of the said Schedule [x x x ]:
Provided that all [Licences and privileges] granted under any of the said enactments in force on the date on which this Act comes into force [***] shall continue in force for the periods for which the same have been respectively granted, subject to the provisions of the enactments under which such [Licences and privileges] were granted:
Provided further that the said repeal shall not affect any act done, or any offence committed, or any proceedings commenced or any claim which has arisen or any penalty which has been incurred, before this Act comes into force.
In this Act, unless there be something repugnant in the subject or context :-
(1) Abkari Revenue:- "Abkari Revenue" means revenue derived or derivable from any duty, fee, tax, fine or confiscation, imposed or order under the provisions of this Act, or of any other law for the time being in force relating to liquor or intoxicating drugs.
(2) Abkari officer:- "Abkari Officer" means the [Commissioner of Excise] or any officer or other person lawfully appointed or invested with powers under Sections 4 or 5.
[(2A) Blending:- "Blending" means the mixing of two different spirits of the same or different strength;
(2B) Bonded Warehouse:- "Bonded Warehouse" means a warehouse where liquor is stored in bond.]
(3) Commissioner :- ["Commissioner"] means the officer appointed by the [Government] under section 4, clause (a).
[(4) "Collector" means the
The Abkari Act, 1 of 1077, is a comprehensive legislation governing the regulation, taxation, and control of the manufacture, sale, possession, and transportation of alcoholic beverages in Kerala. Section 3 of the Act defines key terms and lays the foundation for the revenue and regulatory framework under the Act.
Section 3 primarily provides definitions crucial for interpreting the provisions of the Act. It includes definitions of terms such as "Abkari Revenue," "Imprisonment," "Duty," "Liquor," "Narcotic Drugs," and other relevant concepts. These definitions establish the scope and interpretation of the Act's provisions.
Section 3's scope is broad, as it sets the foundational terminology applicable throughout the Act. It influences the interpretation of offences, penalties, licensing, and revenue collection provisions. The definitions impact legal proceedings, licensing conditions, and enforcement actions.
Section 3 itself does not prescribe punishments; instead, it provides definitions that underpin the offences and penalties detailed elsewhere in the Act. Punishments are specified in sections related to offences, such as Sections 57, 57A, and others, which prescribe imprisonment, fines, or both.
Note: The analysis is based on the provided sources and relevant case law, emphasizing the importance of Section 3's definitions in the interpretation, enforcement, and prosecution under the Abkari Act, 1077.
(a) The Government may appoint an officer to control the administration of the Abkari Department:- Appoint an officer, who shall be styled the [Commissioner of Excise] and who shall, subject to the general control of the Government have [Control] of the administration of the Abkari Department and of the collection of the Abkari Revenue or of both;
(b) May appoint any person other than the Commissioner to perform all or any of his duties :- Appoint any person other than the [Commissioner of Excise] to exercise all or any of the powers and to perform all or any of the duties of the [Commissioner of Excise], subject to the control of the Government.
(c) May withdraw Abkari powers from commissioner or other officer appointed under clause (a) or clause (b):-Withdraw from the [Commissioner] or other officer appointed under clause (a) or clause (b) any or all of his powers in respect of the Abkari Revenue;
(d
The Government may, by notification, and subject to such conditions as may be prescribed in such notification empower all or any of the officers or classes of officers or persons mentioned in section 34, either by name, or in virtue of their office, throughout the [***] State or in any local area, to admit a person arrested under the section to bail to appear, when summoned or otherwise directed, before an Abkari Officer having jurisdiction to enquire into the offence for which such person has been arrested, and may cancel or vary such notification].
(1) Prescribing the powers and duties under this Act to be exercised and performed by Abkari Officers of the several classes; and
(2) regulating the delegation by the Government or by the Commissioner of Excise of any powers conferred by this Act or exercised in respect of Abkari Revenue under any law for the time being in force]
(1) No liquor or intoxicating drug shall be imported unless the permission of the Government or any officer authorised by the Government in this behalf is obtained for the importation of such liquor or intoxicating drug and unless the duties, taxes, fees and such other sums as are due to the Government under this Act, in respect of such liquor or intoxicating drug, have been paid [or a bond for such payment on its importation has been executed.]
[Provided that notwithstanding anything contained this Act, no import fee shall be Ievied on rectified spent or Extra Neutral Alcohol including absolute alcohol intended to be used for the manufacture of liquor meant for human consumption.]
(2) A permission granted by the Government or such officer under subsection (1) shall subject to such conditions and restrictions as may be specified by the Government by notification in the Gazette.]
(1) No liquor or intoxicating drug shall be exported unless its export is permitted by the Government or any officer authorised by the Government in this behalf and unless:-
(a) the duties, taxes, fees and such other sums as are due to the Government under this Act, in respect of such liquor or intoxicating drug, have been paid; or
(b) a bond for such payment on its exportation or re-exportation has been executed.
(2) A permission granted by the Government or such officer under subsection (1) shall be subject to such conditions and restrictions as may be specified by the Government by notification in the Gazette.]
[(1) No person shall manufacture, import export [without permit transit] possess, store, distribute, bottle or sell arrack in any form.]
[(2) If any person contravenes any provisions of sub-section (1), he shall be punishable with imprisonment for a term which may extend to ten years and with fine which shall not be less than one lakh.]
Section 8 of the Abkari Act, 1 of 1077, primarily addresses the illegal transportation, possession, and related offences concerning arrack and other intoxicating liquors. It establishes the criminal liability for contravening provisions related to the manufacture, import, export, transport, possession, and sale of illicit liquor, with severe punishments, including imprisonment and fines.
Section 8 criminalizes the possession and transportation of arrack and other intoxicating liquors without proper authorization. Subsection (1) prohibits manufacturing, importing, exporting, transporting, possessing, storing, or selling arrack unlawfully. Subsection (2) prescribes punishments for contravention, which may extend up to ten years of imprisonment and fines. The section also implicitly defines the scope of illicit activities related to liquor.
Section 8 covers:- Manufacture, import, export, and transit of illicit liquor.- Possession and sale of arrack or other intoxicants without proper license.- Transport of illicit liquor across jurisdictional boundaries.- The section applies to both commercial and individual possession, provided the liquor is illicit or unlicensed.- It also extends to related offences under the Kerala Abkari Rules and other statutory provisions.
Note: These comments synthesize the legal principles and case law from the provided sources, aiming to clarify the scope, application, and procedural nuances related to Section 8 of the Abkari Act, 1077.
The Government may, from time to time, by notification, prohibit the transport of liquor or of intoxicating drugs or of any kind of liquor or intoxicating drugs, from any local area into any other local area.
No liquor or intoxicating drug, exceeding such quantity as the Government may, from time to time, prescribe by notification in the [***] Gazette either generally for the whole State or for any local area, shall be transported except under a permit issued under the provisions of the next following section.
[***]
Permits for the transport of liquor or intoxicating drug may be issued by the 76[Commissioner] or by any person duly empowered in that behalf.
Such permits shall be either general for definite periods and kinds of liquor or intoxicating drugs, or special for specified occasions and particular consignments only.
Every permit shall specify:-
(a) the name of the person authorised to transport liquor or intoxicating drugs;
(b) the period for which the permit is to be in force;
(c) the quantity and description of liquor or intoxicating drugs for which it is granted;
(d) any other particulars which the Government may prescribe.
General permits shall be granted only to persons licensed under this Act and shall cover any quantity of liquor transported at any one time within the quantity specified in the permit.
No preparation to which liquor or intoxicating drug is added during the process of its manufacture or in which alcohol is self generated during such process shall be manufactured in excess of the quantity specified by the Commissioner:
Provided that in specifying the quantity of a medicinal preparation, the Commissioner shall have due regard to the total requirement of that preparation for consumption or use in the State.]
[(1)] No liquor or intoxicating drug shall be manufactured.
[***]
no toddy producing tree shall be tapped;
no toddy shall be drawn from any tree;
[no distillery, brewery, winery or other manufactory in which liquor is manufactured shall be constructed or worked;]
[***]
[no liquor shall be bottled for sale; and]
no person shall use, keep or have in his possession any materials, still, utensil, implement or apparatus whatsoever for the purpose of manufacturing any liquory other than toddy or any intoxicating drug;
except under the authority and subject to the terms and conditions of a licence granted by the [Commissioner] in that behalf, or under the provisions of Section 21;
Provided that the Government may, by notification, direct that in any local area it shall not be nec
(1) No person shall utilise liquor or intoxicating drug in the manufacture of any preparation in excess of the quantity specified by the Commissioner and except under and in accordance with the terms and conditions of a licence granted by the Commissioner in that behalf:
Provided that where such preparation is a medicinal preparation, the Commissioner shall, in specifying the quantity of liquor or intoxicating drug, have due regard to the total requirement of such medicinal preparation for consumption or use in the State.
(2) No person shall possess any preparation containing liquor or intoxicating drug, other than a medicinal preparation for the bona-fide treatment, mitigation or prevention of disease in human beings or animals, in excess of the quantity specified by the Commissioner.]
(1) No person shall counterfeit or knowingly perform,any part of the process of counterfeiting, any label or security sticker which is used for the sale of liquor.
(2) No person shall sell or buy or receive from any other person or otherwise traffic in, or use any forged or counterfeit label or security sticker which is used for the sale of liquor knowing or having reason to believe that the same is forged or counterfeit.
(3) No person shall have in his possession any forged or counterfeit label or security sticker knowing or having reason,to believe that the same is forged or counterfeit and intending to use the same as genuine for the sale of liquor.
(4) No person shall make or buy or sell or dispose of any machinery instrument, printing press, computer, printer or scanner or any similar material for the purpose of being used or knowing or having reason to believe that it is intended to be used for f
No person not being a licensed manufacturer or vendor of liquor or intoxicating drugs shall have in his possession any quantity of liquor or intoxicating drugs in excess of such quantities as the Government may from time to time, prescribe by notification, either generally [or specially with regard to persons, places or time] in respect of any specified description or kind of liquor or intoxicating drug, unless under a licence granted by the [Commissioner] in that behalf :
Provided that-
(1) No fee to be charged for license for possession for private consumption. - No fee shall be charged for any such license granted for the possession of such liquor or intoxicating drugs for bona-fide private consumption or use.
(2) Proviso as regards foreign liquor. - Nothing in this section extends to any foreign liquor [other than denatured spirit] in the possession of any warehouse man as such [***].
The Government may, by notification, prohibit the possession by any person or class of persons either throughout the whole State or in any local area, of any liquor or intoxicating drug either absolutely or subject to such conditions as [the Government may prescribe.]]
The Commissioner may, with the previous approval of the Government.
(a) establish public distilleries, breweries or wineries, or authorise the establishment of private distilleries, breweries, wineries or other manufactories in which liquor may be manufactured under a licence granted under this Act;
(b) establish public warehouses or authorise the establishment of private warehouses wherein liquor may be deposited and kept [with or] without payment of duty under a licence granted under this Act;
(c) Discontinue any public or private distillery, brewery, winery or other manufactory or warehouse so established;
(d) prescribe the mode of supervision that may be necessary in a distillery, brewery, winery or other manufactory or warehouse so established, or in any other ma
Section 14 of the Kerala Abkari Act, 1077, pertains to the establishment and regulation of warehouses for storing liquor. It is a crucial provision that governs the infrastructure necessary for the lawful handling of excisable substances within the state's regulatory framework.
While the exact wording is not provided in the sources, Section 14 generally empowers the government or authorized authorities to establish public warehouses or authorize private warehouses for the storage of liquor. It also prescribes the conditions under which such warehouses can be set up and operated, including the regulation of fees and charges associated with storage.
The section broadly covers:- The legal framework for the establishment of warehouses for liquor.- The control and regulation of storage facilities.- The role of government or authorized agencies in managing these warehouses.- The financial aspects related to storage, such as fees or charges, as indicated in related rules.
The sources do not specify direct penalties or punishments for violations of Section 14 itself. However, violations related to unauthorized storage or contravention of warehouse regulations could attract penalties under the general provisions of the Abkari Act, including fines or imprisonment, as outlined in other sections.
Note: The analysis is based on available references and related legal provisions, as the exact wording of Section 14 is not provided in the sources.
No person under the age of [23 years] shall consume or use any liquor.]
No person shall consume liquor in any public place unless consumption of liquor in any such place is permitted under a licence granted by the Commissioner.
Explanation 1. - For the purpose of this section, "public place" means any street, Court, Police Station [or other public office or any club] or any place of public amusement or resort or on board any passenger boat or vessel or any [public passenger or goods vehicle], or a dining or refreshment room in a restaurant, hotel, rest-house, travellers' bungalow or tourists' bungalow where different individuals or groups of persons consume food, but shall not include any private residential room.]
[Explanation II. - For the purpose of Explanation 7, "public passenger or goods vehicle" means a vehicle used for carrying passengers or goods for hue or reward', with or without a contract, express or implied, for the use of the vehicle as a whole at or for a fixed or agreed rate or
No person licensed to sell liquor and no person in the employee of such licensed person or acting with the express or implied permission of such licensed person on his behalf shall sell or deliver any liquor to any person under the age of [twenty three years]]
No liquor or intoxicating drug shall be sold without a licence from the [Commissioner], provided that a person having the right to the toddy drawn from any tree may sell the same without a licence to person licensed to manufacture or sell toddy under this Act [ x x x x ].
[ x x x x ]
Provided [also] that the Government may [by notification] declare that any or all of the provisions of this Act, shall not apply in any local area to trees tapped, or to toddy drawn [under such conditions as the Government may prescribe.]
[Nothing in this section applies to the sale of any foreign liquor legally procured by any person for his private use and sold by him or by auction on his behalf or on behalf of his representatives in interest upon his quitting a station, or after his decease]
[ x x x x ]
A duty of excise or countervailing duty and/ or luxury tax shall be levied, in such manner as may be prescribed, on liquors or intoxicating drugs,-
(a) permitted to be imported under section 6, or
(b) manufactured under any licence granted under section 12; or
(c) manufactured at any distillery, brewery, winery or other manufactury established under section 14.
Provided that no duty or gallonage fee or vend fee or other taxes shall be levied under this Act on rectified spirit including absolute alcohol, which is not intended to be used for the manufacture of potable liquor meant for human consumption.
Explanation. - No liquor or intoxicating drug shall be permitted to be exported unless the duties, taxes, fees and such other sums as are due to the Government under this Act in respect of such liquor or intoxicating drug have been paid or a bond for such paymen
[(1)] [Such duty of excise or countervailing duty may be levied and collected:]
[(a) in the case of spirit or beer, either on the quantity produced in or passed out of a distillery, brewery, winery or other manufactury licensed or established under section 12 or section 14, as the case may be or in accordance with such scale of equivalents, calculated on the quantity of materials used or by the degree of attenuation of the wash or wort on the value of liquor, as the case may be, as the Government may prescribe;]
[(b) in the case of intoxicating drugs, on the quantity produced or manufactured under a licence granted under section 12 or issued from a warehouse licensed or established under section 12 or section 14;]
[(c) x x x x ]
[(d) x x x x ]
(e
(1) It shall be lawful for the Government to grant to any person or persons, on such conditions and for such period as they may deem fit, the exclusive or other privilege-
(i) of manufacturing or supplying by wholesale; or
(ii) of selling by retail; or
(iii) of manufacturing or supplying by wholesale and selling by retail,any liquor or intoxicating drugs within any local area on his or their payment to the Government of an amount as rental in consideration of the grant of such privilege. The amount of rental may be settled by auction, negotiation or by any other method as may be determined by the government, from time to time, and may be collected to the exclusion of, or in addition to the duty or tax leviable under Sections 17 and 18.
(2) No grantee of any privilege under sub-section (1) shall exercise the same until he has received a licence in that behalf from the Commissioner.
[When duty of excise is levied] by way of tax on toddy trees under section 18, the Government may, by notification, direct that the licence required under Section 12 shall be granted only on the production by the person applying for it of the written consent of the owner, or person in possession, of such trees to the licence being granted to such person so applying for it; and when such notification has been issued, such tax shall, in default of payment by the licensee, be recoverable from the owner or other person in possession who has so consented.
When, in like case, trees are tapped without license, the tax due shall be recoverable primarily from the tapper or in default by him from the occupier, if any of the land, or if the trees do not belong to the occupier, of the land, or if the land is not occupied, from the person, if any, who owns or is in possession of the trees unless he proves that the trees were tapped without his consent.
[All or any of the duties, tax and rentals] leviable under this Act in any Taluk or other local area may,with the sanction of the Government, be farmed,subject to such payment and on such other conditions as the Government shall prescribe, [Such farmers] shall take out licenses as such from the [Commissioner].
When the exclusive privilege of manufacturing toddy has been granted under [Section 18A] the Government may declare that the written permission of the grantee to draw toddy shall have, within the area to which the privilege extends, the same force and effect as a licence from the 159[Commissioner] for that purpose under Section 12.
In the absence of any contract or condition to the contrary any grantee of any exclusive or other privilege, may let or assign the whole or any portion of his privilege or farm. But no such lessee or assignee shall excise any rights as such unless and until the grantee or farmer,as the case may be shall have applied to the 159[Commissioner] for a licence to be given to such lessee or assignee, and such lessee or assignee shall have received the same.
When any amount is due to a grantee, farmer, lessee or assignee of an exclusive privilege, under this Act,such grantee, farmer, lessee or assignee may make an application to the [Collector] for recovery of such amount on his behalf and on receiving such application, the [Collector] may, at his discretion, recover such amount as if it were an arrear of Land Revenue, and shall pay any amount so recovered to the applicant:
Provided that execution of any process issued by the [Collector] for the recovery of such amount shall be stayed if the person against whom the process is issued institute a suit in the Civil Court to contest the demand of such grantee, farmer, lessee or assignee and furnishes security to the satisfaction of the [Collector] for the payment of the amount which such court may adjust to be due from him;
Provided also that nothing contained in this section or done thereunder shall affect the right of any grantee
Every license or permit granted under this Act shall be granted-
(a) on payment of such fees, if any;
(b) for such period;
(c) subject to such restrictions and on such conditions; and
(d) shall be in such form and contain particulars - as the Government may direct either generally, or in any particular instance in this behalf.
Every person taking out a license under this Act may be required to execute a counterpart agreement in conformity with the tenor of his license, and to give such security for the performance of his agreement as the [Commissioner] may require.
The [Commissioner] may cancel or suspend any license or permit granted under this Act:-
(a) if [any fee, duty, tax or rental] payable by the holder thereof be not duly paid; or
(b) in the event of any breach by the holder of such license or permit or by his servant, or by any one acting with his express or implied permission on his behalf, of any of the terms and conditions of such license or permit; or
[(bb) if the holder thereof or his servant, or any one acting with his express or implied permission on his behalf, sells or stores for sale liquor in any place other than the licensed premises; or,]
[(c) if the holder thereof is convicted of any offence against this Act or of any cognizable and non-bailable offence or of any offence under the Dangerous Drugs Act, 1930, or under the Trade and Merchandise Marks Act, 1958, or under Sections 478 to 489 of the Indian Penal Code; or]
Every person who manufactures or sells any liquor or intoxiating drugs under a license granted under this Act shall be bound:-
(a) to supply himself with such measures, weights and instruments as the [Government] may prescribe and to keep the same in good condition; and
(b) on the requisition of any Abkari officer duly empowered in that behalf, at any time to measure or weigh any liquor or intoxicating drug or to test any liquor in his possession in such manner as the said Abkari Officer may require.]
All duties, taxes, fines and fees payable to the [Government] direct under any of the foregoing provisions of this Act or of any license or permit issued under it, and all amounts due to the [Government] by any grantee of a privilege or by any farmer under this Act or by any person on account of any contract relating to the Abkari Revenue may be recovered from the person primarily liable to pay the same or from his surety (if any) as if they were arrears of Land Revenue, and, in case of default made by a grantee of a privilege or by a farmer, the [Commissioner] may take grant or farm under management at the risk of the defaulter or may declare the grant or farm forfeited, and re sell it at the risk and loss of the defaulter. When a grant or farm is under management under the section, the [Commissioner] may recover any moneys due to the defaulter by any lessee or assignee as if they were arrears of Land Revenue.
(1) The Government may, by notification in the Gazette either prospectively or retrospectively, make rules for the purposes of this Act].
(2) In particular and without prejudice to the generality of the foregoing provision, the Government may make rules:-
(a) regulating the mode in which toddy may be supplied to licensed vendors of the same, or to persons who distinct spirits from it or who use it in the manufacture of bread;
(b) for determining the number of licenses of each description to be granted in any local area;
(c) for regulating the number, size and description of stills, utensils, implements and apparatus to be used in any [distillery, brewery, winery or other manufactory in which liquor is manufactured];
(d) prescribing the instruments to be used in the testing of liquor and the tables of corrections according to temperature to be used therewith;<
For the purpose of investigation of offences under this Act, the abkari officers shall have the same powers of investigation which the police officers have under the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).]
If [the Commissioner of Excise or] any Magistrate, upon information [obtained] and after such enquiry as he thinks necessary, has reason to believe that an offence under [***] this Act has been committed, he may issue a warrant for the search for any liquor, intoxicating drug, materials, stills, utensil, implement or apparatus in respect of which the alleged offence has been committed.
Before issuing such warrant, the [Commissioner of Excise, or] Magistrate shall examine the informant on oath or affirmation, and the examination shall be reduced into writing in a summary manner and be signed by the informant and also by [the Commissioner of Excise or] Magistrate.
Whenever the [Commissioner of Excise] or any [Abkari Officer not below such rank as may be specified by the Government in this behalf or any Police Officer] not below the rank of [Sub Inspector] or a Police Station Officer, has reason to believe that an offence under [***] this Act has been committed and that the delay occasioned by obtaining a search warrant under the preceding section will prevent the execution thereof, he may, after recording his reasons and the grounds of his belief at any time by day or night, enter and search any place and may seize anything found therein which he has reason to believe to be liable to confiscation under this Act, and may detain and search and, if he thinks proper, arrest any person found in such place whom he has reason to believe to be guilty of any offence under this Act:
[***]
The [Commissioner of Excise] or any Abkari Officer not below the rank of [Preventive officer] or any Police Officer duly empowered in that behalf,may enter and inspect, at any time by day or by night, any place in which any licensed manufacturer carries on the manufacture of any liquor or intoxicating drug, or draws toddy, or stores any liquor or intoxicating drug or toddy, and may enter and inspect, at any time during which the same may be open, and place in which any liquor or intoxicating drug is kept for sale by any licensed person; and may examine, test, measure or weigh any materials, stills, utensils, implements, apparatus, liquor or intoxicating drugs found in such place.
211[(1)] If any officer empowered to make an entry under the provisions of the last two preceding sections, cannot otherwise make such entry, it shall be lawful for him to break open any outer or inner door, window and to remove any other obstacle to his entry into any such place.
[(2) An Abkari Officer may without an order or without a warrant from a Magistrate, arrest and detain any person who obstructs him while in the execution or discharge of his duty or who has escaped from his lawful custody:
Provided that every person who is arrested and detained in custody shall be produced before the Magistrate within a period of twenty four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of Magistrate and no such person shall be detained in custody beyond the said period without the authority of a Magistrate:]
(1) Any [Abkari Officer] Department may arrest without warrant in any public thorough fare or open place other than a dwelling house, any person found committing an offence punishable under [this Act], and in any such thorough fare or public place may-
(a) Seize and detain-
(i) any liquor or intoxicating drug;
(ii) any materials, still, utensil, implement or apparatus;
(iii) any receptacle or package or covering; and
(iv) any animal, cart, vessel or other conveyance, which he has reason to believe to be liable to confiscation under this Act;
(b) search any person, animal, cart, vessel or other conveyance, package, receptacle or covering upon whom or in or upon which he may have reasonable cause to suspect any such liquor or intoxicating drug to be, or to be concealed.]
[(2) The provisions of the Code of Criminal Pro
Any person who may be accused or reasonably suspected of committing an offence under this Act, and who, on demand of any officer of the Abkari, Salt, Police, Land Revenue or Customs Departments or of any other person duly empowered, refuses to give his name and residence which such officer or person to believe to be false, may be arre-sted by such officer or person in order that his name and residence may be ascertained.
All searches under the provisions of this Act shall be made in accordance with the provisions of the [Code of Criminal Procedure, 1973 (Central Act 2 of 1974);]
[Provided that the persons called upon to attend and witness such searches shall include at least two persons neither of whom is an Abkari, Police or Village Officer].
All officers of the Departments of Police, Customs, Salt and Land Revenue shall be legally bound to assist any Abkari Officer in carrying out the provisions of this Act.
Every [Officer of Government] other than an Abkari Officer, shall be bound to give immediate information to an Abkari Officer, and every Abkari Officers shall be bound to give immediate information either to his immediate official superior or to an Abkari Inspector, of all breaches of any of the provisions of this Act, which may come to his knowledge; and all such officers shall be bound to take all reasonable measures in their power to prevent the commission of any such breaches which they may know or have reason to believe are about or likely to be committed.
All jenmies, proprietors, tenants, under tenants and cultivators who own or hold land on which there shall be [any cultivation of the hemp or coca-plant or] any manufacture on liquor or intoxicating drugs not licensed under this Act shall in the absence of reasonable excuse, be bound to give notice of the same to a Magistrate or to an officer of the Abkari, Salt, Police, Customs or Land Revenue Departments immediately the same shall have come to their knowledge.
(1) (a) Any Officer arresting a person under Section 31, Section 34 or Section 35 shall him of the grounds for such arrest.
(b) Where an Abkari Officer arrests without warrant any person other than a person suspected of, or accused of, any non-bailable offence under this Act, such Officer shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf.
(2) Every person arrested under Section 30 shall be produced before, and the article seized under that section shall be forwarded to, without unnecessary delay, the Magistrate or the Commissioner, as the case may be, by whom the warrant was issued.
(3) Every person arrested under Section 31 or Section 34 or Section 35 shall be produced before, and article seized under section 34 shall be forwarded to, without unnecessary delay,-
(a) to the Officer in charge of the neares
(1) Where any person accused of or suspected of, the commission of an offence punishable with imprisonment which may not extend to three years under this Act is arrested or brought in accordance with the provisions of Section 40, he may be released on bail, if sufficient bail be tendered for his appearance before the concerned Abkari Inspector or the Magistrate, as the case may be.
(2) Where a person accused of, or suspected of the commission of an offence punishable with imprisonment which may extend to three years or more under this Act is arrested or brought in accordance with the provisions of Section 40, he shall without any delay be produced before the Magistrate, who shall take such measures as may be necessary to proceed against such person in accordance with the provisions of the Code of Criminal Procedure, 1973, (Central Act 2 of 1974).]
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974),-
(a) every offence punishable under this Act shall be cognizable;
(b) no person accused of an offence punishable for a term of imprisonment of three years or more under this Act shall be released on bail or on his own bond unless-
(i) the Public Prosecutor or the Assistant Public Prosecutor, as the case may be, has been given an opportunity to oppose the application for such release, and
(ii) where the Public Prosecutor or the Assistant Public Prosecutor, as the case may be, opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.
(2) The limitations on granting of bail specified in clause (b) of sub section (1) are in
Before any person is released on bail on bond, in such sufficient but not excessive, sum of money as the officer admitting him to bail things proper, shall be executed by such person and by one or more sureties conditioned that such person shall attend in accordnce with the terms of the bonds and shall continue to attend until otherwise directed by the Abkari Inspector before whom he was bailed to attend or by the Magistrate, as the case may be:
Provided that the officer admitting any such person to bail may at his discretion dispense with the requirement of a surety or sureties to the bond Bail under executed by such person.
The Government shall, from time to time, determine the form of the bond to be used in any Taluk or other local area.
When by reason of default of appearance of a person bailed to appear before an Abkari Inspector such officer is of opinion that proceedings should be had to compel payment of the penalty or penalties mentioned in the bond of the person bailed or of the surety or sureties, he shall forward the bond to the Magistrate having jurisdiction to try the offence of which the person bailed was accused and the Magistrate shall proceed to compel payment of the penalty or penalties in the manner provided by the [Code of Criminal Procedure, 1973 (Central Act 2 of 1974)] for the recovery of penalties in the like case of default of appearance by a person bailed to appear before his own Court.
Any Abkari Officer holding an inquiry [under the Act] may summon any person to appear before himself to give evidence on such enquiry or to produce any document relevant thereto which may be in his possession or under his control;
Provided that no such Abkari Officer shall summon any person to appear at a greater distance from the usual place of residence of such person than the Government may, from time to time, by rule, direct.
Every summons issued under the last preceding section shall state whether the person summoned is required to give evidence or to produce a document, or both, and shall require him to appear before the said officer at a stated time and place.
Person so summoned shall attend as required and shall answer all questions relating to such inquiry put to them by such Officer. Such answers shall be reduced into writing and shall be signed by such Officer.
It shall be lawful for an Abkari Inspector, instead of summoning to appear before him any person who, from sickness or other infirmity may be unable to do so, or whom by reason of rank or sex it may not be proper to summon, to proceed to the residence of such person and thereto require him to answer such questions as he may consider necessary with respect to such inquiry; and such person shall be bound so to answer accordingly, and the provisions of section 46 shall apply to such answers.
Any Abkari Inspector may after recording his reasons in writing, summ on any person to appear before him whom he has good reason to suspect of having committed an offence under this Act. On such person appearing before such Officer, the procedure prescribed by sections 40 to 47 inclusive of this Act shall become applicable. [The Officer may also, if he considers it necessary for the investigation of the case, exercise the powers conferred by Sections 44 to 47 before summoning the person suspected].
The law for the time being in force as to summonses and compelling the attendance of person summoned In Criminal Courts shall, so far as the same may be applicable apply to any summons issued by an Abkari Inspector and to any person summoned by him to appear under the provisions of this Act.
(1) Every investigation into the offence under this Act shall be completed without necessary delay.
(2) As soon as investigation into the offences under this Act is completed, the Abkari Officer shall forward a Magistrate, empowered to take cognizance of the offence on a police report, a report in accordance with sub section (2) of section 173 of Code of Criminal Procedure, 1973 (Central Act 2 of 1974).]
Upon receipt of a final report from the Abkari Officer; the Magistrate shall inquire into such offence and commit to Court of Session if the offence is exclusively triable by Court of Session or try the person accused thereof in like manner as if a case is instituted upon a police report as provided in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).]
When an Abkari Inspector forwards in custody any person accused of an offence under this Act to the Magistrate having jurisdiction to try the case or admits him to bail to appear before such magistrate, such officer shall exercise all the powers conferred by the [Code of Criminal Procedure, 1973 (Central Act 2 of 1974)] on an Officer in charge of a police Station in respect to causing the appearance before such Magistrate of such persons acquainted with the facts and circumstances of the case as he considers it necessary that such Magistrate shall examine as witnesses for the prosecution of such case.
No person accused or suspected of having committed an offence under this Act shall be detained for a longer period than under all the circumstances of the case is reasonable; and such period shall not, in the absence of a special order of a Magistrate, whether having jurisdiction to try the case or not exceed twenty-four hours, exclusive of the time necessary for the journey of such person to the place where an Abkari Inspector may be and from thence to the court having jurisdiction to try the case.
All Officers in charge of Police Stations shall take charge of and keep in safe custody pending the orders of a Magistrate or an Abkari Inspector, all articles seized under this Act which may be deli-vered to them and shall allow any Abkari Officer who may accompany such articles to the Police Station, or who may be deputed for the purpose by his superior officer, to affix his seal to such articles and to take samples of and from them. All samples so taken shall also be sealed with the seal of the officer in charge of the Police Station.
(1) Notwithstanding anything contained in this Act, the State Government may having regard to the nature of the liquor, intoxicating drug, or article, their vulnerability to theft, substitution, constraints of proper storage space or any other relevant consideration, by notification in the official Gazette, specify such liquor, intoxicating drug or article which shall, as soon as may be after their seizure, be disposed of by the authorised officer referred to in section 67B, in such manner as the Government may, from time to time determine after following the procedure hereinafter specified.
(2) Where any such notified liquor, intoxicating drug or, article has been seized under this Act, the authorised officer shall prepare an inventory of such liquor, intoxicating drug or article containing such details relating to their description, quality, quantity, mode of packing, marks, numbers of such other identifying particulars of the liquor, intoxica
Whenever any vehicle or other conveyance used for committing any offence is seized or detained under this Act, and if any court finds that it shall be released temporarily, it shall do so with direction to execute sufficient bond by way of cash security equivalent to the market value of such vehicle or conveyance, to be fixed by the Mechanical Engineer of the Excise Department or any Mechanical Engineer of or above- the rank of an Assistant Executivc Engineer of the State Public Works Department, for production of such vehicle or conveyance on demand before the court or the authorised officer and such order shall not prevent the authorised officer from taking or continuing action under section 67B of this Act.]
It shall be lawful for the [District Magistrate] by notice in writing to the licensee, to require that any shop in which liquor or any intoxicating drug is closed at such times or for such period as he may think necessary for the preservation of the public peace.
If a riot or unlawful assembly is apprehended or occurs in the vicinity of any such shop, it shall be lawful for any Magistrate, or for any Police Officer who is present, to require such shop to be kept closed for such period as may be necessary.
(1) No suit, prosecution or other proceeding shall lie against any Abkari Officer or servant of the Government for any Act done or purporting to be done under this Act, without the previous sanction of the Government.
(2) No Officer or servant of the Government shall be liable in respect of any such Act in any civil of criminal proceeding, if the Act was done in good faith in the course of the execution of duties or the discharge of functions imposed by or under this Act.]
Section 55(a) of the Kerala Abkari Act, 1077, pertains to offenses involving the illegal import, export, transport, possession, or storage of liquor and intoxicants in contravention of the provisions of the Act and its rules. It is a crucial section that addresses the core violations related to illicit liquor and is frequently invoked in cases of smuggling, possession without license, or transportation of unauthorized liquor.
Section 55(a) criminalizes the following acts:- Importing, exporting, transporting, transiting, or possessing liquor or any intoxicating drug in violation of the Act or any rules/orders made thereunder.- The section aims to prohibit the unauthorized movement or possession of liquor, especially illicit or smuggled liquor, within the jurisdiction of Kerala.
This commentary synthesizes legal principles, judicial interpretations, and procedural requirements related to Section 55(a) of the Kerala Abkari Act, 1077, based on case law and statutory provisions.
(1) No scene containing use or consumption or exhibition of liquor in cinema shall be picturised and exhibited in theatres without the warning "Consumption of Alcohol is (Sic) in such scene in contrasting colours clearly visible and having a size covering 1/10th of the total size of the scene.
(2) Whoever exhibits or causes to exhibit any cinema having a scene in contravention of the provisions of sub-section (1) in any theatre shall, on conviction, be punished with simple imprisonment for a term which may extend to six months or with fine which may extend to ten thousand rupees or with both.]
Section 55(i) of the Kerala Abkari Act, 1077, addresses offenses related to the illegal possession, manufacture, sale, or transportation of liquor or intoxicating drugs. It forms a crucial part of Kerala's legal framework to regulate and control alcohol and narcotic substances, aiming to prevent illicit activities and ensure public order.
Section 55(i) criminalizes the possession of liquor or intoxicating drugs with the intent to sell or in circumstances indicating such intent, in contravention of the provisions of the Act. The section emphasizes that mere possession, especially when coupled with evidence suggesting sale intent, constitutes an offense.
The section covers:- Possession of liquor or intoxicating drugs with a conscious intent to sell.- Situations where possession is coupled with evidence of sale preparations, such as holding containers or cash.- Cases involving storage or transportation in contravention of legal provisions.- It applies irrespective of whether actual sale has occurred, focusing on the intent and preparedness for sale.
The section prescribes severe penalties, including:- Imprisonment which may extend up to ten years.- Fine, the amount of which may vary based on the severity and circumstances of the offense.- Additional penalties for false marking or possession of false property marks under Sections 55E and 55F.
Note: The analysis synthesizes available references, focusing on the core legal principles, scope, and penalties related to Section 55(i) of the Kerala Abkari Act, 1077.
When two or more persons agree to do or cause to be done an act which is illegal under this Act and does such an illegal act in pursuance of such agreement by any one or more of the parties to that agreement, such an agreement is designated a criminal conspiracy under this Act and each person who is a party to the criminal conspiracy shall, on conviction, be punished with the same punishment provided for the offence committed.]
Whoever in contravention of this Act or of any rule or order made under this Act [***]
(a) imports, exports, [transports, transits or possesses] liquor or any intoxicating drug; or
(b) Manufactures liquor or any intoxicating drug;
[(c) x x x ]
(d) [taps or causes to be tapped] any toddy-producing tree, or
(e) [draws or causes to be drawn] toddy from any tree; or
(f) constructs or works any [distillery, brewery, winery or other manufactory in which liquor is manufactured]; or
(g) uses, keeps, or has in his possession any materials, still, utensil, implement or apparatus whatsoever for the purpose of manufacturing liquor other than toddy or any intoxicating drug; or
[(h) bottles any liquor for purposes of sale; or]
[(i) [Sells or stores for sales liquor] or any intoxicating
The Kerala Abkari Act, 1077 (Malayalam Era) is a comprehensive legislation enacted to consolidate and amend the law relating to the import, export, transport, manufacture, sale, and possession of liquor and intoxicating drugs in the State of Kerala. Section 55 of the Act is one of the most significant penal provisions, prescribing punishments for various offences related to illegal activities concerning liquor and intoxicating drugs. This commentary provides a detailed analysis of Section 55, its essential ingredients, scope, punishment, and judicial interpretations.
Section 55 of the Kerala Abkari Act, 1077 prescribes penalties for various offences committed in contravention of the Act or any rules or orders made thereunder. The section contains multiple clauses, including:
For an offence under Section 55(a) to be established, the following essential ingredients must be proved:
The scope of Section 55 is broad but subject to several judicial interpretations:
The punishment under Section 55 varies depending on the specific clause:
Sample Integrity - It must be proved that the sample analysed in the chemical examiner's laboratory was the very same sample drawn from the bulk quantity of contraband allegedly possessed by the accused for the case to succeed. - [Sathi VS State of Kerala - 2007 0 Supreme(Ker) 68]
Tamper Proof Condition - Merely effecting seizure is not sufficient to convict an accused; the prosecution must further prove that the articles seized reached the court in tamper proof condition and the specimen impression of the seal used for sealing the sample must be produced. - [Prakasan VS State of Kerala - 2015 0 Supreme(Ker) 1579]
Jurisdictional Authority - Excise Inspectors have jurisdiction depending upon the area for which they are appointed; any investigation exceeding their jurisdiction is void, and proceedings like investigation and charge sheet filed beyond their limit are vitiated. - [Hamsa Koya VS State of Kerala Represented by the excise inspector - 2014 0 Supreme(Ker) 871]
Forwarding Note Requirement - The absence of a sample seal in the space provided on the forwarding note entitles the accused to the benefit of doubt and acquittal under Section 55(a). - [Krishnan VS State - 2014 0 Supreme(Ker) 864]
Illegal Activities Only - Section 55(a) deals only with illegal import, export, transport, transit, etc.; mere possession even with knowledge that possession was illegal will not attract a higher penalty. - [Mohanan VS State of Kerala - 2006 0 Supreme(Ker) 798]
Legally Purchased Liquor - Possession of legally purchased liquor or intoxicating drug with proper licence or with receipt will not come under Section 55(a); carrying liquor from one place to another within the State with proper documentation is not an offence. - [Muraleedharan VS Sub Inspector of Police - 2014 0 Supreme(Ker) 231]
House Search Compliance - Non-compliance with mandatory provisions for conducting a house search is fatal to the prosecution; failure to produce the search memorandum in the trial court vitiates the proceedings. - [Janaki VS State of Kerala - 2016 0 Supreme(Ker) 1451]
Delay in Production - Unexplained delay in producing the contraband before the Magistrate entitles the accused to acquittal as the prosecution fails to satisfy the court that the contraband and samples were kept in proper custody. - [Lakshmy VS State of Kerala - 2012 0 Supreme(Ker) 1089]
Principle of Lenity - Where an act is an offence both under Section 55 (dealing with persons in general) and Section 56 (confined to licensees), the application of Section 55 to licensees is excluded following the principle of lenity. - [Thomaskutty VS Commissioner of Excise - 2016 0 Supreme(Ker) 49]
Possession for Manufacture - Possession simpliciter of articles which can be used for manufacturing liquor, without cogent and probative indications of intent to manufacture, cannot justify indictment under Section 55(g). - [Santhosh, S/o. Charis @ Kunjunni VS State of Kerala - 2007 0 Supreme(Ker) 110]
Sale "In Presenti" - For an offence under Section 55(i), there must be actual sale or full preparedness for sale; possession of illicit liquor alone is not sufficient to prove the offence of sale. - [Sidhan @ Sidharthan VS State of Kerala - 2014 0 Supreme(Ker) 257]
Quantum of Sentence - Sentence of imprisonment for two years under Section 55(a) was held to be excessive and reduced to six months, especially when the accused is liable to pay a fine of Rs. 1 lakh which is the minimum prescribed. - [C. H. Kunhikannan VS State Represented by the Public Prosecutor - 2006 0 Supreme(Ker) 287]
Excess Quantity Clarification - Where liquor was purchased from Kerala State Beverages Corporation with proper bills and was not intended for subsequent sale, no offence under Section 55 is made out even if carried in excess quantity. - [Sabu VS State of Kerala - 2003 0 Supreme(Ker) 98]
Sample Drawing Requirement - When similarly labelled and sealed bottles are seized, the law does not require that samples be drawn from each and every bottle; it is sufficient if a sample is drawn from one or certain bottles selected at random. - [C. Kelukutty VS State of Kerala, Represented by the Public Prosecutor, High Court of Kerala - 2009 0 Supreme(Ker) 741]
Actor's Liability - An actor in a film cannot be brought within the purview of "whoever causes to exhibit any cinema" under Section 55-I(2); only the producer and distributor can be liable. - [PRITHVIRAJ VS STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM - 2016 0 Supreme(Ker) 36]
Absence of Seal - Mere arrest of the accused with material objects is not sufficient to establish the offence under Section 55(a); the prosecution must prove that the chemical analysis report relates to the same sample seized. - [Rajamma VS State of Kerala - 2014 0 Supreme(Ker) 19]
Misquoting of Section - Where a charge was framed for a wrong section but the appellant knew he was being prosecuted for possessing illicit arrack, the omission to state the correct penal provision is not relevant to interfere with the trial court's finding. - [Anil VS State - 2011 0 Supreme(Ker) 1162]
Presumption of Possession - Even if a shed belonged to somebody else, if the accused was found in possession of contraband liquor and could not account for it, it can legitimately be presumed that the accused was in possession. - [Paravan VS State of Kerala Rep. By the Public Prosecutor - 2006 0 Supreme(Ker) 787]
Recovery from Legal Heirs - The liability of legal heirs of a deceased accused to pay the fine amount is a civil liability governed by Section 50 of the Code of Civil Procedure, and Section 70 of the IPC applies for recovery of fine from legal heirs. - [Ajikumar VS District Collector - 2020 0 Supreme(Ker) 273]
IMFL Distinction - The court observed that it is high time for the Government to consider slashing down sentences for Indian Made Foreign Liquor cases as such liquor does not cause danger to public health like illegally manufactured liquor. - [N. M. Shaji VS State of Kerala - 2015 0 Supreme(Ker) 1574]
Whoever prints, publishes or gives any advertisement soliciting use of or offering any liquor or intoxicating drug shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to twenty-five thousand rupees or with both.
Provided that, this section shall not apply to price list for display at the points of sale for consumer information.]
Whoever, -
(a) marks any case, package or other receptacle or any vehicle or goods or other movable property containing liquor or intoxicating drug or uses such case package, receptacle or vehicle or goods or such other property in a manner calculated to cause it to be reasonably believed that the property or goods so marked belongs to a person to whom they do not belong or marks them in the name of a fictitious person, or
(b) removes or alters or destroys the original or genuine mark of such vehicle or other things described in clause (a) of this section so as not to recognise the real owner of such vehicle or things or to escape from the legal responsibilities and other consequences thereof, shall, on conviction, be punished with imprisonment for a term which may extend to three years or with fine which may extend to one lakh rupees or with both.
Explanation. - For the purpose of this section, the e
Whoever contravenes the provisions of section 12C of this Act shall, on conviction before a competent court, be punished with imprisonment for a term which may extend to five years or with a fine which may extend to rupees one lakh or with both.]
Any person who, knowing that it is unlawful, is in possession and control of such property, goods, vehicle or other article described in section 55E used or intended to be used for traffic in liquor or intoxicating drug, shall, on conviction, be punished with the same punishment as provided for the offence under the said section.]
Whoever, renders or attempts to render fit for human consumption any Spirit, whether manufactured in [the State] or not, which has been denatured, or has in his possession any spirit in respect of which he knows or has reason to believe that any such attempt has been made, shall, [on conviction before a competent court, be liable to imprisonment for term which may extend to five years, and fine which shall not be less than twenty five thousand rupees] or with both. For the purpose of this section it shall be presumed, unless and until the contrary is proved, that any sprit which is proved on chemical analysis to contain any quantity of any of the prescribed denaturants is or contains or has been derived from denatured sprit.]
The Abkari Act, 1 of 1077, is a legislative framework in Kerala aimed at regulating the manufacture, sale, and consumption of alcoholic beverages. Section 55(b) specifically addresses the penalties associated with the rendering or attempting to render denatured spirits fit for human consumption, reflecting the state's stringent stance on alcohol-related offenses.
Section 55(b) of the Abkari Act penalizes individuals who render or attempt to render denatured spirits fit for human consumption. The section establishes severe penalties to deter such activities, which are considered illegal under the Act.
The scope of Section 55(b) encompasses:- All individuals involved in the process of rendering denatured spirits consumable.- Activities that may occur in various settings, including private residences and commercial establishments.
The punishment under Section 55(b) includes:- Imprisonment for a term that may extend to ten years.- A fine that shall not be less than one lakh rupees.
Whoever dishonestly or fraudulently or without lawful authority makes any document or alters the content of any document causing it to be believed that such document or part of it was made by a lawful authority, intending to manufacture, store, sell or to transport any liquor or intoxicating drug or to do any act which is prohibited under this Act or the Rules made or notification issued thereunder or to do anything contrary to such laws and escape from the legal responsibilities and other consequences or uses such document or part of it made by himself or by any other person for such purposes, knowing that it is a false document or is not genuine, shall, on conviction, be punished with imprisonment for a term which may extend to three years or with fine which may extend to one lakh rupees or with both.
Explanation I. - Under this section, until the contrary is proved, it shall be presumed that the person has used such document knowing that it i
The Abkari Act, 1 of 1077 (Kerala Excise Act), governs the regulation, control, and prohibition of alcohol manufacturing, possession, and related activities in Kerala. Section 55(g) specifically addresses penalties related to the making or using false documents in the context of illicit liquor activities.
Section 55(g) of the Abkari Act prescribes penalties for making or using false documents. It criminalizes acts involving dishonestly or fraudulently creating or employing such documents in connection with illicit liquor manufacturing, possession, or sale.
This section covers:- The fabrication or falsification of documents used to facilitate illegal liquor activities.- The employment of false documents to evade legal restrictions or penalties.- It applies to any person involved in the illicit liquor trade who uses or creates false documentation to conceal or advance illegal activities.
Section 55(g) provides for imprisonment which may extend to ten years and imposes a fine. The exact quantum of punishment depends on the severity of the offence and the court's discretion, considering the nature of the falsification and its impact on illicit activities [Gopalan VS State Of Kerala].
Note: The analysis is based on available sources, emphasizing the legal framework, judicial interpretations, and procedural aspects related to Section 55(g) of the Abkari Act.
Whoever, being the holder of a licence or permit granted under this Act [or being in the employ of such holder and acting on his behalf-]
(a) fails to produce such licence or permit on the demand of any Abkari Officer or of any other officer duly empowered to make such demand; or
(b) [Wilfully does or omits to do anything] in breach of any of the conditions of his licence or permit not otherwise provided for in this Act; or
[(c) x x x ]
(d) permits drunkenness, riot or gaming in any place in which any liquor intoxicating drug is sold or manufactured; or
(e) permits persons of notoriously bad character to meet or remain in any such place; shall, on conviction before a Magistrate, be punished for each such offence, [with imprisonment for a term which may extend to six months, or with fine which may extend to [twenty-five thousand rupees], or with both].
(1) Whoever being a chemist, druggist, apothecary or keeper of a dispensary or Vaidyasala-
(a) allows any preparation containing liquor or intoxicating drug to be consumed in his business premises otherwise than for the bona fide treatment, mitigation or prevention of any disease; or
(b) manufactures or stocks or causes to be manufactured or stocked any such preparation, other than a bona fide medicinal preparation, within the premises under his control;
shall, [on conviction before a competent court, be punished with imprisonment for a term which may extend to five years, and with fine which shall not less than fifty thousand rupees.]
(2) Whoever consumes any preparation containing liquor or intoxicating drug, which is not a bona fide medicinal preparation, in any premises referred to in sub-section (1) shall, on conviction before a Magistrate be punished with fine which may exte
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), the court when passing judgment in a case falling under Section 57A may, if it is satisfied that death or grievous hurt has been caused to any person or persons by consumption of liquor or intoxicating drug sold in any place licenced under this Act, order the licensee of that place, whether or not he is convicted of an offence under the said section, to pay, by way of compensation, such amount as it appears to be just, to the legal representatives of the deceased or to the person or persons to whom grievous hurt has been caused.
(2) Any person aggrieved by an order under sub-section (1) may, within ninety days from the date of the order, prefer an appeal to the High Court;
Provided that no such appeal shall lie unless the amount ordered to be paid under sub-section (1) is deposited in the court which passed such order:
Section 57(b) of the Kerala Abkari Act, 1077, pertains to penalties and orders related to offences involving adulteration, illegal possession, and other violations concerning liquor and intoxicating substances. It forms part of the broader legal framework aimed at regulating alcohol consumption, preventing adulteration, and ensuring public health and safety.
Section 57(b) specifically provides for an order to pay compensation in cases where offences related to adulteration or illegal possession are established. It complements other provisions under Section 57, which address adulteration (57(a)) and related offences, by imposing a financial penalty or compensation order upon conviction or finding of guilt.
This section applies to offences related to adulteration of liquor, illegal possession, or other violations under the Abkari Act. It empowers authorities or courts to impose financial compensation orders on offenders, serving as a remedial or punitive measure alongside other penalties like fines or imprisonment.
While Section 57(b) itself deals with the order to pay compensation, the broader offences under the Act can attract penalties including imprisonment for up to five years and fines up to fifty thousand rupees [Source: "P. T. Sunil Kumar VS Excise Commissioner, of Excise"]. The compensation order acts as an additional or alternative penalty, depending on the case.
Note: The analysis integrates references from the available sources, emphasizing the legal framework, procedural aspects, and judicial interpretations relevant to Section 57(b) of the Kerala Abkari Act, 1077.
(1) Whoever mixes or permits to be mixed any noxious substance or any substance which is likely to endanger human life or to cause grievious hurt to human beings, with any liquor or intoxicating drug shall, on conviction, be punishable-
(i) if, as a result of such act, grievous hurt is caused to any person, with imprisonment for a term which shall not be less than two years but which may extend to imprisonment for life, and with fine which may extend to fifty thousand rupees;
(ii) If,as a result of such act, death is caused to any person, with death or imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life, and with fine which may extend to fifty thousand rupees;
(iii) in any other case, with imprisonment for a term which shall not be less than one year, but which may extend to ten years, and with fine which may extend to twenty-five thousand rupe
Whoever being the holder of a licence for the sale or manufacture of liquor or of any intoxicating drug under this Act,
(a) mixes or permits to be mixed with the liquor or intoxicating drug, sold or manufactured by him, [any drug, other than a noxious drug] or any [***] [any ingredient other than such] likely to add to its actual or apparent intoxicating quality or strength, or any article prohibited [other than an article which the Government shall deem to be noxious] by any rule made under section 29, clause (k), when such admixture shall not amount to the offence of adulteration under [section 272 of the Indian Penal Code]; or
[(aa) mixes or permits to be mixed with starch in the liquor sold or manufactured by him; or]
(b) sells or Keeps or exposes for sale as foreign liquor, liquor which he knows or has reason to believe to be country liquor; or
(c) marks the cork of any bottl
Whoever, without lawful authority, has in his possession any quantity of liquor or of any intoxicating drug, knowing the same to have been unlawfully imported, transported or manufactured, or knowing [the duty, tax or rental payable under this Act] not to have been paid therefor, [shall be punishable with imprisonment for a term which may extend to ten years and with fine which shall not be less than rupees one lakh.]
Legal Comments
(1) Whoever, in contravention of the provisions of this Act:-
(a) manufactures any preparations which in the opinion of the Commissioner can be used as a substitute for alcohol; or
(b) adds any substance,which when swallowed or inhaled by, or injected into, a human being produces intoxication, drowsiness, sleep, stupification or insensibility, to any alcoholic preparation; or
(c) imports, exports, transports, possesses or sells any alcoholic preparation containing ingredients not approved by the Commissioner; shall, [on conviction before a competent court, be punished with imprisonment for a term which may extend to three years and with fine which may extent to twentyfive thousand rupees.]
(2) Nothing contained in this section shall apply in the case of any medicinal preparation which is generally used for or in the treatment, mitigation or prevention of disease in human beings or
Whoever sells any preparation which he knows or has reason to believe is intended to serve as a substitute for alcohol or intoxicating drug shall, [on conviction before a competent court be punished with imprisonment which may extend to five years, or with fine which may extend to fifty thousand rupees, or with both;]
Provided that nothing contained in this section shall apply to the sale of any medicinal preparation for bona fide treatment, mitigation or prevention of disease in human beings or animals.]
Any Abkari Officer or other person who, without reasonable ground of suspicion, enters or searches or causes to be searched any closed place; or vexatiously and unnecessarily seizes the property of any person on the pretence of seizing or searching for anything liable to confiscation under this Act; or vexatiously and unnecessarily detains, searches or arrests any person; or in any other way vexatiously exceeds his lawful powers; shall, [on conviction before a competent court be punished for each such offence, with imprisonment for a term which may extend to three years or with fine which may extend to twenty five thousand rupees or with both;]
Any officer or person, exercising powers under this Act, who vexatiously and unnecessarily delays forwarding to an Abkari Inspector or to the officer in charge of the nearest Police Station, as required by section 40 of this Act, any person arrested, or any articles seized under this Act, shall, [on conviction before a competent court, be punished with fine which may extend to ten thousand rupees or with imprisonment for a term which may extend to one year or with both;]
Any officer or persons who unlawfully releases or abets the escape of any person arrested under this Act, or abets the commission of any offence against this Act, or acts in any manner inconsistent with his duty for the purpose of enabling any person to do anything whereby any of the provisions of this Act may be evaded or broken or the Abkari Revenue may be defrauded; and any officer of any other Department referred to in section 37 who abets the commission of any offence against this Act in any place; shall, [on conviction before a competent court, for every such offence, be punished with fine which may extend to twenty five thousand rupees, or with imprisonment for a term which may extend to three years or with both;]
When an offence unaer this Act is committed by several persons in furtherance of the common intention of all, each of such persons shall be guilty of that offence as if it was committed by him alone.]
Section 62 of the Kerala Abkari Act, 1077, addresses offences committed by multiple persons in furtherance of a common intention. It aligns with general principles of criminal law regarding joint liability and collective culpability in offences related to illicit liquor and alcohol regulation. The section plays a crucial role in addressing conspiracy, common design, and collective acts in offences under the Abkari Act, especially in cases involving organized contraventions or multiple offenders.
Section 62 stipulates that when several persons commit an offence in furtherance of a common intention, all such persons are liable for the offence. It emphasizes collective culpability, ensuring that each participant in a criminal act, motivated by shared intent, can be prosecuted and punished accordingly.
Key Provisions:- Offence committed by several persons.- The offence must be in furtherance of a common intention.- All persons involved are liable for the offence.
(Note: Exact wording from the Act may specify the nature of liability and the scope of "common intention.")
While Section 62 itself prescribes liability, the punishment depends on the specific offence committed, as prescribed elsewhere in the Act. Generally:- Penalties may include imprisonment, fines, or both.- Penalties are enhanced if the offence involves organized crime or repeat violations.- In cases of conspiracy, the punishment aligns with the principal offence committed.
(Note: Specific punishments are detailed in other sections of the Act, such as Sections 55, 56, or 57.)
In conclusion, Section 62 of the Kerala Abkari Act provides a vital legal tool to address collective offences, especially in organized illicit liquor activities, by holding all involved parties liable when acting in furtherance of a common intention. Its application ensures comprehensive accountability and strengthens enforcement against syndicates engaged in contravention of the Act.
**- Kerala Abkari Act, 1077- Judicial decisions cited in the sources- Principles of criminal conspiracy and joint liability under Indian Penal Code
Whoever is guilty of any act or intentional omission in contravention of any of the provisions of this Act, or of any rule or order made under this Act, and not otherwise provided for in this Act shall, on conviction before a Magistrate, be punished for each such wilful act or omission with fine [which may extend to five thousand rupees or with imprisonment for a term which may extend to two years or with both;]
Section 63 of the Kerala Abkari Act, 1077, addresses offences not specifically covered elsewhere in the Act, providing a general penal provision for contraventions of the law relating to liquor and intoxicating drugs. It acts as a residual clause ensuring that acts violating the Act but not explicitly enumerated are also punishable, thereby closing gaps in the legislative framework.
Section 63 states that any person guilty of acts or omissions in contravention of any provisions of the Act or any rules or orders made under it, and which are not specifically covered by other sections, shall be liable to punishment. It essentially covers miscellaneous offences that do not fall under the detailed enumerations elsewhere in the Act.
Section 63 functions as a catch-all provision, ensuring that all violations, even if not explicitly enumerated, are punishable. It provides flexibility to penalize unforeseen or newly emerging offences related to liquor regulation, thereby strengthening enforcement. It also empowers authorities to take action against acts contrary to the spirit of the Act that may not be explicitly listed.
While Section 63 itself does not specify detailed punishments, it refers to the general penal provisions of the Act. Typically, violations under this section attract penalties such as fines, imprisonment, or both, depending on the nature and severity of the offence, as prescribed in the Act’s general penal clauses.
Note: The references are based on the provided sources and reflect the legal understanding of Section 63 within the framework of the Kerala Abkari Act, 1077.
Notwithstanding anything contained in this Act, or in any other law for the time being in force, any owner or occupier or person having control of, any land, building, room, space or enclosure, permits any person to use such land, building room, space or enclosure for manufacture sale or storing for sale of liquor or intoxicating drug in contravention of this Act or of any rule or order made thereunder or of any licence or permit obtained under this Act shall be punishable with fine which shall not less than twenty-five thousand rupees unless he proves to the satisfaction of the court that all due and reasonable precautions were taken by him to prevent such use.]
In prosecutions under [Section 55, Section 55B, Section 56A, Section 57, Section 58, Section 58A and Section 58B] it shall be presumed until the contrary is proved, that the accused person has committed an offence under that section in respect of any liquor or intoxicating drug, or any still, utensil, implement or apparatus whatsoever for the manufacture of liquor other than toddy or of any intoxicating drug, or any such materials as are ordinarily used in the manufacture of liquor or of any intoxicating drug, of the possession of which he is unable to account satisfactorily; and the holder of a licence or permit under this Act shall be punishable, as well as the actual offender, for any offence committed by any person in his employ and acting on his behalf under [Section 8 or Section 55 or Section 55B or Section 56 or 56A or Section 57 or Section 58 or Section 58A or Section 58B] as if he had himself committed the same, unless he shall establish that all due and rea
In any case in which an offence has been committed under this Act, the liquor, drug, materials, still, utensil, implement or apparatus in respect [or by means] of which an offence has been committed shall be liable to confiscation.
Any liquor or intoxicating drug lawfully imported, exported, transported, manufactured had in possession or sold or toddy lawfully drawn or tapped along with,or in addition to any liquor, intoxicating drug or toddy, liable to confiscation under this section, and the receptacles, packages and coverings in which any such liquor, intoxicating drug, materials, still, utensil, implement or apparatus as aforesaid is or are found, and the other contents, if any, of the receptacles or packages in which the same is or are found, and the animals, carts, vessels or other conveyances used in carrying the same, shall likewise be liable to confiscation.
When the offender is convicted or when the person charged with an offence under this Act is acquitted but the Magistrate decides that anything is liable to confiscation, such confiscation may be ordered by the Magistrate, Whenever confiscation is authorised by this Act, the Magistrate ordering it may give the owner of the thing liable to be confiscated an option to pay in lieu of confiscation, such fine as the officer thinks fit. When an offence under this Act has been committed, but the offender is not known or cannot be found or when anything liable to confiscation under this Act and not in the possession of any person cannot be satisfactory accounted for, the case shall be inquired into and determined by the [Commissioner] or by any other officer authorised by the Government in that behalf, who may order such confiscation.
Provided that no such order shall be made until the expiration of one month from the date of seizing the things intended
(1) Notwithstanding anything contained in this Act or in any other law for the time being in force, where any liquor, intoxicating drug material, still, utensil, implement or apparatus or any receptacle, package or covering in which such liquor, intoxicating drug, material, still, utensil, implement or apparatus is found or any animal, cart, vessel, or other conveyance used in carrying the same is seized and detained under the provisions of this Act; the officer seizing and detaining such property shall, without any unreasonable delay, produce the same before an officer authorised by the Government in this behalf by notification in the Gazette, not being below the rank of an Assistant Excise Commissioner (hereinafter referred to as the authorised officer.
(2) Where an authorised officer seizes and detains any property specified in sub-section (1) or where any such property is produced before an authorised officer under that sub-section and he is
(1) The Commissioner of Excise or the Deputy Commissioner of Excise of the District concerned or any Abkari Officer specially empowered by the Government in this behalf by notification in the Gazette, may accept, from any person reasonably suspected of having committed any of the offences specified in column (1), a sum of money as specified in column (3) of the Tabic below by way of composition for the offence which may have been committed and where any property has been seized, the same shall be confiscated to Government or disposed of in such manner as may be prescribed:-
Table
| When an order for confiscation of any property has been passed under Section 67B or Section 67E or Section 67F and such order has become final in respect of the whole or any portion of such property, such property or portion thereof, as the case may be, shall vest in the Government free from all encumbrances.] |
(1) The Commissioner may, before the expiry of thirty days from the date of an order passed under section 67B or Section 67E, of his own motion, call for and examine the record of that order and may make such inquiry or cause such inquiry to be made and may pass such orders as he deems fit:
Provided that the Commissioner shall not call for and examine the record of any order passed under Section 67B if an appeal against such order is pending before the appellate authority;
Provided further that no order prejudicial to a person shall be passed under this section without giving him an opportunity of being heard.
(2) An order of the Commissioner under sub-section (1) shall be final and shall not be called in question in any court.]
[(1) The Commissioner shall be competent to impose such fine as may be prescribed in the rules, on any person holding a licence or permit issued under this Act, for contravention of any rule made under this Act.
Provided that no order imposing any fine under this section shall be made without giving the person an opportunity of being heard.]
(2) The Commissioner may impose a fine of [Rs. 3,00,000 (Rupees three lakhs)] each on any person or persons holding a licence or permit under this Act for the violation by way of reconstitution, alteration or modification without the permission of the Commissioner of any deed on the strength of which any licence is granted.]
[(3) Where a partnership fmn or a company having a hotel (restaurant) holding a licence under this Act has, without the previous permission of the Commissioner, re-constituted, altered or modified any deed constituting such partnership or Board
The award of any confiscation under section 67B or section 67E or section 67F shall not prevent the infliction of any punishment to which any person is liable under this Act.]
Where the authorised officer passes an order under Section 67B that any property seized and detained by him or produced before him under that section is not liable to confiscation under this Act, he shall, after the expiry of thirty days from the date of such order, release such property to the person from whom it was seized.
Provided that where the Commissioner has called for under section 67F the record of an order of the authorised officer, such property shall be released only subject to the orders of the Commissioner under that section.]
(1) No order confiscating any property shall be made under section 67B unless the person from whom the same is seized -
(a) is given a notice in writing informing him of the grounds on which it is proposed to confiscate such property;
(b) is given an opportunity of making a representation in writing within such reasonable time as may be specified in the notice against the grounds of confiscation; and
(c) is given a reasonable opportunity of being heard in the matter.
(2) Without prejudice to the provisions of sub-section (1), no order confiscating any animal, cart, vessel or other conveyance shall be made under section 67B if the owner of the animal, cart, vessel or other conveyance proves to the satisfaction of the authorised officer that it was used in carrying the liquor or intoxicating drug or the material, still, utensil, implement or apparatus or the receptacle, package or c
(1) Any person aggrieved by any order passed under section 67B may, within thirty days from the date of communication to him of such order, appeal to an officer not below the rank of Deputy Commissioner of Excise authorised by the Government in this behalf by notification in the Gazette (hereinafter referred to as the appellate authority)
(2) On receipt of an appeal under sub-section (1) the appellate authority shall, after giving an opportunity to the appellant to be heard, if he so desires, and after making such further Inquiry as may be necessary, pass such order as he thinks fit, confirming, modifying or annulling the order appealed against.
(3) An order of the appellate authority under sub-section (2) shall, subject to the provisions of Section 67F, be final and shall not be called in question in any court.]
(1) The Government shall appoint an Expert Committee consisting of-
(a) the Drugs Controller;
(b) the Chemical Examiner to the Government;
(c) two representatives each, one of whom shall be a non-official of the Allopathic, indigenous and Homeopathic systems of medicine, appointed, by the Government; and
(d) an officer of the Excise Department not below the rank of Deputy Commissioner, appointed by the Government.
(2) The functions of the Expert Committee shall be-
(a) to advice the Commissioner as to whether a medicinal preparation is a bona fide medicinal preparation or not;
(b) to advice the Commissioner as to the total requirement of medicinal pre-parations containing liquor or intoxicating drugs or in which alcohol is self-generated during the process of their manufacture, for the whole of the State during one
The provisions of the [Code of Criminal Procedure, 1973 (Central Act 2 of 1974)], relating to execution, so far as the same are applicable, and section 67,68 and 69 of the Indian Penal Code shall apply to all offences committed and to all persons punished under the provisions of this Act.]
All rules made and notifications issued under this Act shall be made and issued by publication in the [Gazette], [***], All such rules and notifications shall thereupon have the force of law and read as part of this Act and may in like manner be varied, suspended or annulled.
All notification and orders conferring powers, imposing duties and making appointments under this Act may respectively refer to the persons concerned specially by name or in virtue of their office or to classes of officials generally by their official titles, and all courts shall take judicial notice thereof.
The Government may by notification, either wholly or partially, subject to such conditions as they may think fit to prescribe, exempt any liquor or intoxicating drug from all or any of the provisions of this Act either throughout the [***] State or in any specified area or for any specified period or occasion or as regards any specified person or class of person.]
No action shall lie against the [Government] or against any Abkari Officer, for damages in any Civil Court for any act bona fide done or ordered to be done in pursuance of this Act,or of any law for the time being in force relating to Abkari Revenue, and all prosecutions of any Abkari Officer, and all actions which may be lawfully brought against the [Government] or against any Abkari Officer, in respect of anything done or alleged to have been done, in pursuance of this Act shall be instituted within six months from the date of the act complained of and not afterwards.
In such action, if for damages it shall be lawful for the Court, if tender of sufficient amends shall have been made before the action was brought, in awarding the amount so tendered, to refuse costs to the plaintiff and direct him to pay the costs of the defendant.
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