GUJARAT PROHIBITION ACT, 1949
(1) This Act may be cited as the 9[Gujarat] Prohibition Act, 1949.
1[(2) It extends to the whole of the 2[State of Gujarat].]
(3) It shall come into force 3[in the area comprising the pre-Reorganisation State of Bombay] on such date as the 4[State] Government may by notification in the Official Gazette 5[Specify In those reas of the State to which it is extended by the Bombay Prohibition (Extension and Amendment) Act, 1959 (Bom. XII of 1959), it shall come into force on such other date as that Government may, by like notification, appoint;
6[* * * *]
7[* * * * ']].
8[(4) On the commencement of this Act in the manner provided in sub-section (3) in any area to which this Act is extended by the Bombay Prohib
In this Act, unless there is anything repugnant in the subject or context,
(1) "authorization" means an authorization granted under section 45 for the use of liquor for sacramental purposes;
(2) "to bottle" with its various grammatical variations, means to transfer any article from a cask or other vessel to a bottle, jar, flask pot or similar receptacle for the purpose of sale, whether any process of manufacture be employed or no bottling includes re-bottling;
1 [* * * *]
2 [(4) "Collector" includes an officer appointed by the State Government to exercise all or any of the powers and to perform all or any of the duties or functions of a Collector under this Act;
(5) "Director" means an officer appointed a
The 1 [State] Government may, by notification in the Official Gazette, appoint an officer to be called the 2 [Director of Prohibition and Excise], who subject to the control of the 1 [State] Government and subject to such general or "special orders as the 1 [State] Government may from time to time make, shall exercise such powers and shall perform such duties and such functions as are conferred upon, by or under the provisions of this Act and shall superintend the administration and carry out generally the provisions of this Act:
3 [Provided that the person holding the office of Director of Excise and Prohibition immediately before the commencement of the Bombay Prohibition (Extension and Amendment) Act, 1959, shall be the Director of Prohibition and Excise for the State and shall hold the office until the State Government otherwise directs; and accordingly any reference by whateve
(1) The Collectors shall, within the limits of their jurisdiction1[** * * * *] exercise such powers and perform such duties and functions as are provided by or under the provisions of this Act.
(2) For the purposes of this Act all Collectors2[* * *] shall be subordinate to the3[Director].
(3) The4[State] Government may, by notification in the Official Gazette, appoint any person other than the Collector5[***] to exercise in any district or place6[all or any of the powers and perform all or any of the duties] all the duties and functions as are assigned by or under this Act to a Collector subject to such control, if any, in addition to that of the3[Director] and of the4[State] Government as the4[State] Government may from time to time direct.
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To aid the1[Director] and the Collectors in carrying out the provision of this Act, the2[State] Government may appoint such subordinate officers with such designations and assign to them such powers, duties and functions under this Act, rules or regulations or orders made thereunder, as may be deemed necessary.
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1. This word was substituted for the word "Commissioner" by Bom. 28 of 1950, sch.
2. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
6. Investigating officers of1[Police and] other department with power and duties under this Act--
(1) The2[State] Government may invest any officer of the Police department or any officers of any other department, either personally or in right of his office with such powers, impose upon him such duties and direct him to perform such functions under this Act, rules or regulations or orders made thereunder, as may be deemed necessary and any such officers, shall, thereupon, exercise the said powers, discharge the said duties and perform the said functions in addition to the powers, duties and functions incidental to his principal office.
(2) The2[State] Government may also invest any person3[****] with such powers, impose on him such duties and direct him to perform such functions under this Act, rules, or regulations or orders made thereu
1[6A. Board of Experts--
2[(1)3[For the purpose of enabling the State Government to determine] whether --
(a) any medicinal or toilet preparation containing alcohol, or
(b) any antiseptic preparation or solution containing alcohol, or,
(c) any flavouring extract, essence or syrup containing alcohol,
4[is an article fit for use as intoxicating liquor, the State Government shall constitute a Board of Experts].]
(2) The Board of Experts constituted under sub-section (1) shall consist of such members, not less than5[fire in number], with such qualifications as may be prescribed. The members so appointed shall hold office during the pleasure of the State Government.
7.2[Other Boards and Committees]---
(1) the1[State] Government may appoint2[other boards and committees] to advise and assist officers in carrying out the provisions of this Act.
(2) Such2[other boards and committees] shall perform such functions3[as may be prescribed.]
(3) The constitution of such2[other boards and committees] and the procedure regarding their work shall be as may be prescribed.
(4) The1[State]Government may direct that the members of such2[other boards and committees] shall be paid such fees and allowances as may be prescribed.
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1. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950
(1)The1[State]Government may constitute one or more medical boards2[or panels thereof] for such areas and consisting of such members as it may deem fit.
(2) A medical board3[or a panel thereof] so constituted shall perform such functions4[as are prescribed.]
(3) The procedure regarding the work of the medical board3[or a panel thereof] shall be as may be prescribed.
(4) The members or the medical board3[or a panel thereof] shall be entitled to such fees and allowances as may be prescribed.
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1. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
2. These words were inserted, Bom. 22 of 1960, s. 6 (a).
In exercise of their powers and in discharge of their duties and functions under the provisions of this Act or rules, regulations or orders made thereunder, all Prohibition Officers and all officers including the officers of the Police and other departments shall, subject to the general or special orders of the1[State] Government be subordinate to and under the control of the2[Director] and shall be bound to follow such orders as the2[Director] may, from time to time make.
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1. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
2. This word was substituted for the word "Commissioner" by Bom. 28 of 1950, Sch.
(1) The1[State] Government may delegate any of the power exercisable by it under this Act to the2[Director] or such other officers as it deems fit.
(2) Subject to the control and direction of the1[State] Government the powers conferred on the2[Director] or any other officers appointed or invested with powers under this Act may be delegated by him to any of his subordinates.
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1. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
2. This word was substituted for the word "Commissioner" by Bom. 28 of 1950, Sch.
Notwithstanding anything contained in the following provisions of this Chapter, it shall be lawful to import, export, transport, manufacture,1[bottle,] sell, buy, possess, use or consume any intoxicant or hemp2[or to cultivate or collect hemp] or to tap any toddy producing tree or permit such tree to be tapped ro to draw toddy from such tree or permit toddy to be drawn herefrom, in the manner and to the extent provided by the provisions of the Act3[or] any rule, regulations or orders made or in accordance with this terms and conditions of a licence, permit, pass or authorization granted there under.
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1. This word was inserted by Bom. 22 of 1960, s. 7.
2. These words were inserted by Born. 26 of 1952, s. 4 (1).
3. This word was
No person shall--
(a) manufacture liquor;
(b) construct or work any distillery or brewery;
(c) import, export, transport or possess liquor, or
(d) sell or buy liquor.
No person shall--
(a) bottle any liquor for sale;
(b) consume or use liquor; or
(c) use, keep or have in his possession any materials, still, utensils, implements or apparatus whatsoever for the manufacture of any liquor.
No person shall--
(a) export, import, transport or possess any intoxicating drug;
(b) cultivate or collect the hemp;1* * * *
(c) use, keep, or have in his possession any materials, still, utensils, implements or apparatus whatsoever for the manufacture of any intoxicating drug;
(d) sell or buy any intoxicating drug;
(e) consume or use any intoxicating drug; or
(f) manufacture any intoxicating drug.
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1. The words "or extract any portion of such plant from any which intoxicating drug can be manufactured" were deleted by Bom. 22 of 1960, s. 8.
No person shall--
(a) import, export, transport or possess sweet toddy or nira;
(b) bottle sweet toddy or nira for sale; or
(c) sell or buy sweet toddy or nira.
No person shall--
(a) tap any toddy producing tree or permit to be tapped any toddy producing tree belonging to him or in his possession; or
(b) draw toddy from any tree or permit toddy to be drawn from any, tree belonging to him or in his possession.
No person shall--
(a) possess opium;
(b) transport opium;
(c) import or export opium,
(d) Sell or buy opium; or
(e) consume or use opium;
18. Prohibition of sale to1[minors]--
No licensed vendor and no person in the employ of such licensed vendor or acting with the express or implied permission of such licensed vendor on his behalf shall sell or deliver any intoxicant2[to any person who is a minor,] whether for consumption by such person or by other person and whether for consumption on or of the premises of such licensed vendor.
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1. This word was substituted for the word "children", Bom. 22 of 1960, s. 9 (b).
2. These words were Substituted for the words "to any person apparently under the age of twenty one years" by Bom. 22 of 1960, s. 9 (a).
[Prohibition of sale of toddy]. Deleted by Bom. 22 of 1960 S.10.
No person shall--
(a) Produce,
(b) manufacture,
(c) possess,
(d) export,
(e) import,
(f) transport,
(g) buy,
(h) sell,
(i) consume, or
(j) use.
charas.
No person shall--
(a) alter or attempt to alter any denatured spirit by dilution with water or by any method whatsoever, with the intention that such spirit may be used for human consumption, whether as a beverage or internally as a medicine in any other way whatsoever, or
(b) have in his possession any denatured spirit in respect of which he knows or has reason to believe that such alteration or attempt has been made.
1[21A. Alteration of denatured spirituous preparation--
No person shall--
(a) alter or attempt to alter any denatured spirituous preparation by diluton with water or by any method whatsoever, with the intention that such preparation may be used for human consumption as an intoxicating liquor; or
(b) have in his possession any denatured spirituous preparation in respect of which he knows or has reason to believe that such alteration or attempt has been made.]
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1. Section 21A was inserted by Bom. 36 of 1954, s. 4.
No person shall--
(a) open or keep or use any place as a common drinking house; or
(b) have the care, management or control of, or in any manner assist in conducting the business of, any place opened, or kept or used as a common drinking house.
1[22A. Prohibition of issuing prescriptions for introxiouting liquor except by registered medical practitioners--
(1) No person other than registered medical practitioner, shall issue any prescription for any intoxicating liquor.
(2) No registered medical practitioner shall prescribe such intoxicating liquor, unless he believes in good faith after careful medical examination of the person for whose use such prescription is sought, that the use of such intoxicating liquor by such person is necessary; and will afford relief to him from some known ailment.
(3) A registered medical practitioner shall state, in every prescription for intoxicating liquor issued by him, the name and address of the person to whom issued, the date of issue, directions for use, and the amount and frequency of the dose,
23.1Prohibition of soliciting use to intoxicant or hemp or doing any act calculated to incite or encourage member of public to commit offence
No person shall--
(a)2* solicit the use of.3[or] offer, any intoxicant or hemp; or
4* * * * *
(c) do any act which is calculated to incite or encourage any member of the public or a class of individuals or the public generally to commit any offence under this Act or to commit a breach of any rule, regulation or order made thereunder or the conditions of any licence, permit, pass or authorization granted thereunder.
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1. This marginal note was substituted for the original, Bom. 26 of 1952, s, 5 (3).
(1) No person shall print or publish in any newspaper, news-sheet, book, leaflet, booklet or any other single or periodical publication or otherwise display, or distribute any advertisement or other matter--
(a) which1* solicits the use of or offers any intoxicant or hemp;
(b) which is calculated to encourage or incite any individual or class, of individuals or the public generally to commit an offence under this Act, or to commit a breach of or to evade the provisions of any rule, regulation or order made thereunder or the conditions of any licence, permit, pass or authorization granted, thereunder.
(2) Save as otherwise provided in sub-section (3), nothing in this section shall apply to--
(a) catalogues or price lists which may be generally or spe
1[24A-1A. Prohibition of consumption of medical preparation containing alcohol in excess of normal dose--
No person, shall for the purpose of producing a state of intoxication, consume any medicinal preparation containing alcohol in any quantity exceeding the normal dose.
Explanation.--The expression "normal dose" in relation to any medicinal preparation, means the quantity prescribed by a registered medical practitioner to be taken at a time and in a case where no such prescription has been obtained, the quantity indicated to be taken at a time in the directions given by the manufacturer of the medicinal preparation.
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1. Sections 24-IA and 24-IB were inserted by Guj. 9 of 1978, s. 3.
No person who has consumed any intoxicant (other than opium) or hemp in any place outside the State shall enter any territory of the State while he is in an intoxicated condition or under the influence of such intoxicant or hemp.]
1[24A. This chapter not to apply to2[certain articles]--
Nothing in this Chapter shall be deemed to apply to--
(1) Any toilet preparation containing alcohol which is unfit for use as intoxicating liquor;
(2) any medicinal preparation containing alcohol which is unfit for use as intoxicating liquor;
3(3) any antiseptic preparation or solution containing alcohol which is unfit for use as intoxicating liquor;
(4) any flavouring extract, essence or syrup containing alcohol which is unfit for use as intoxicating liquor]:
Provided that4[such article] corresponds with the description and limitations mentioned in section 59A:
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The1[State] Government may by notification in the Official Gazette, direct that any preparation containing alcohol not exceeding a specified percentage by volume shall be exempt from any of the provisions of this Act or rules, regulations or orders made thereunder.
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1. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
The State Government may--
(a) establish a distillery in which spirit may be manufactured in accordance with a licence issued under this Act on such conditions as the1[State] Government deems fit to impose;
(b) discontinue any distillery established:
(c) licence, on such conditions as the1[State] Government deems fit to impose the construction and working of a distillery or brewery;
(d) establish or licence a warehouse wherein any intoxicant, hemp, mhowra flowers or molasses may be deposited and kept without payment of duty; and
(e) discontinue any warehouse so established.
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1. This word was su
27.1[Intoxican or hemp not to be removed from warehouse etc.--
No2[intoxicant]. hemp, mhowra flowers or molasses shall be removed from any distillery, warehouse or other place of storage established or licensed under this Act, except under a pass and unless the duty, if any, imposed under the provisions of this Act, has been paid or a bond has been executed for the payment thereof.
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1. This word was substituted for the words "Intoxicating drug", Bom. 22 of 1960, s. 13(3).
2. This word was substituted for the words "liquor, intoxicating drug" by Bom. 22 of 1960, s. 13(1).
(1) The1[State] Government may, by general or special order, authorize a Collector or any other officer to grant passes for the import, export or transport of any2[intoxicant] or hemp.
(2) Such passes may be either general for definite period of time and definite kinds of2[intoxicant] or hemp or special for specified occasions and particular consignments only.
(3) Every such pass shall specify--
(a) the name of the person authorised to import, export or transport2[intoxicant] or hemp;
(b) the period for which the pass is to be in force;
(c) the quantity and description of2[intoxicant] or hemp for which it is granted; and
(d) the places from and to which2[intoxi
1[29. Through transport--
The through transport--
(a) of any consignment of any intoxicant, hemp, denatured spirituous preparation, mhowra flowers or molasses by a railway administration or by any steamer, ferry road, transport or air service, or
(b) of any intoxicant, hemp, denatured spirituous preparation, mhowa flowers or molasses, otherwise than by way of consignment,
shall be subject to such conditions as may be prescribed.]
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1. This section was substituted for the original by Bom. 22 of 1960, s. 14.
[Licence for possession of denatured or rectified spirit and alcohol for industrial or medical purpose.] Deleted by Bom. 22 of 1960, section 15.
1[31. Licences for bona fide medical or other purpose--
The State Government may by rules, or by an order in writing, authorise an officer to grant licences to any person, or institution, whether under the management of Government or not, for the manufacture, sale, purchase, possession, consumption, or use of any intoxicant or hemp or any article containing an intoxicant or hemp for a bona fide medicinal, scientific, industrial or educational purpose:
Provided that, where any intoxicant or hemp, or article containing such intoxicant or hemp, has been obtained by any person for a bona fide medicinal purpose, from any person or institution licensed to sell the same under this section, it shall not be necessary for such person to obtain a licence for the possession, purchase, consumption or use thereof:
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1[31A. Lincences, for purpose etc. of liquor for manufacture of2[articles mentioned] in section 24-A--
The State Government may, by rules or an order in writing authorize an officer to grant licences for the purchase, possession, or use of any liquor or alcohol for the manufacture of3[any articles mentioned in section 24A] on such conditions as may be prescribed.]
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1. Section 31A was inserted by Bom. 26 of 1952, s. 9.
2. These words were substituted for the words, figures and letter "any preparation to which section 24A applies" by Bom. 36 of 1954, s. .6 (i).
3. These words were substituted for the words "preparations referred to", Bom. 36 of 1954, s. 6(ii).
32. Licences for tapping for1[neeta]--
The2[State] Government may authorize an officer by rules or an order in writing to grant licences for3[the tapping of,4[and drawing juice from], any palm trees for the purpose of sale or consumption as neera or]5* * * manufacture of gur or any other article which is not an intoxicant6[and on a licence being granted the person to whom the trees belong or who is in possession of such trees, may permit them to be tapped or permit toddy to be drawn therefrom.]
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1. This word was substituted for the word "toddy" by Bom. 26 of 1952., 10(2).
2. This words was substituted for the word 'Provincial" by the Adaptation of Laws Order, 1950.
3. These words we
The1[State] Government may, by rules or an order in writing, authorise an officer to grant trade and import licences to persons intending to import and to sell by wholesale any2[foreign liquor.]
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1. This words was substituted for the word 'Provincial" by the Adaptation of Laws Order, 1950.
2. These words were substituted for the words "liquor, intoxicating drug or hemp by Bom. 22 of 1960, s. 18.
(1) The 1 [State] Government may, by rules or an order in writing authorize an officer to grant a vendor's licence 2 [or the sale of foreign liquor],
(2) A vendor's licence shall be granted on the following conditions --
(i) The stock of foreign liquor with the licensee (except what is permitted for the disposal in the shop) shall be kept by him at 3 [godown] approved by Government;
4 * * * * * * * *
(iii) the licensee shall pay all rent, costs, charges and expenses incidental to warehousing and supervision;
5 (iv) The licensee may sell any part of the stock of foreign liquor to foreign liquor licensees or to chemists, canteens, messes and clubs, holding licences in the State or to any persons outside the
(1) The 1 [State] Government may, by rules or an order in writing, authorize an officer to grant licences to the managers of hotels to sell foreign liquor to the holders of permits granted under his Act:
Provided that the 1 [State] Government is satisfied that such hotel has ordinarily a sufficient number of boarders eligible to hold permits.
(2) Such licences shall be issued on the following conditions:--
(i) liquor shall be sold 2 * * * to the permit holders 3 [residing or boarding] at the hotel,
(ii) consumption of liquor sold shall not be allowed in any of the rooms of the hotel to which any member of the public has access,
(iii) The holders of hotel licences shall pay the expenses of any officer of t
[Special import Licence(s) to hotels.] Deleted by Bom. 22 0/1960: s. 21,
[Dining car licences.] Deleted by Bom. 22 of 1960, s. 21.
38. Licences to shipping companies1[and to Masters ships]--
The2[State] Government may, by rules or an order in writing, authorize an officer to grant licences to any shipping company for each Ship3[or to the Master of any ship] to sell foreign liquor4[and to permit the use or censumption of foreign liquor on such ship on such conditions as may be prescribed.]
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1. These words were added, Bom. 26 of 1952, s. 14(3).
2. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
3. These words were inserted by Bom. 26 of 1952, s. 14(1).
4. These words were substituted for the words "on condition that such liquo
39. Permission to use or consume foreign on1[**] ships troopships and in2[messes and can teen of armed forces]--
The3[State] Government may, on such conditions as may be specified4[by a general of special order, permit--
(i) the sale of foreign liquor to,
(ii) The purchase, use or consumption of such liquor by--
(a) the members of the armed forces in messes and canteens5[of the armed forces], and
(b) the crew of warships or troopships and the members of the armed forces thereon.]
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1. The words "cargo boats" were deleted, Bom. 26 of 1952, s. 15(2).
2.
40.1[Temporary resident's permits]--
(1) The2[State] Government may, by rules or an order in writing, authorize an officer to grant3[a temporary resident's permit] for the use or consumption of foreign liquor to person on the following conditions. --
(a) that such person is not a minor;
4[* * * * * * *]
(c) (i) that such person was either born and brought up or domiciled in any country outside India where such liquor is being generally used or consumed; or
(ii) that such person is on the Register of Foreigners under the Registration of Foreigners Act, 1939 (XVI of 1939), and is not domiciled in5[India;
Provided that, in the case of any person falling under sub-
1[40A. Health permits--
(1) The State Government may by rules or orders in writing authorize an officer to grant a health permit for the use or consumption of foreign liquor to any person who requires such liquor for the preservation or maintenance of his health:
Provided that no such permit shall be granted to a minor.
(2) Such permit shall be granted for such quantity and shall be subject to such further conditions as may be prescribed
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1. Section 40A and 40B were inserted, Bom. 26 of 1952, s. 17.
(1) The State Government may by rules or orders in writing authorize an officer to grant emergency permits for the use or consumption of brandy rum or champagne or any other kind of liquor to any person for his own use or consumption or to any head of a household for the use of his household for medicinal use on emergent occasion:
Provided that the person to whom a permit is granted under this section may1[subject to such conditions as may be prescribed] allow the use or consumption of liquor in respect of which the permit has been granted to any other person who requires the use thereof for medicinal purpose on emergent occasions:
Provided further that no permit shall be granted to more than one member of a household at any one time.
2[* * * * * *]
The1[State] Government may grant special permits for the use of consumption of foreign liquor2[to any person who is--
(a) a Sovereign or Head of a foreign State;
(b) an Ambassador, Diplomatic Envoy or Consul, Honorary Consul or Trade, Commerce or other representative of a foreign State;
(c) a member of the staff appointed by or serving under any person, specified in clause (a) or (b): Provided that such member is a national of a foreign State;3[* *]
4[(c1) a member of a foreign Government;
(c2) a representative or officer of any international organization to which privileges and immunities are given from time to time by or under the United Nations (Privileges and Immunities) Act, 1947; and]
[Permits to be non-transferable.] Deleted by Bom.22 of 1960, s. 26.
1[43. Regulation of use or consumption of foreign liquor by certain permit holders--
(1) No holder of a permit granted under any of the provisions of this Act other than section 40B shall drink in a public place or in the rooms of a hotel or institution to which the public may have access.
(2) No holder of a permit granted under section 40A shall allow the use or consumption of any part of the quantity held by him to any other person.
2(3) A persons holding a permit under section 40, 41, 46, 46A or 47 may allow the use or consumption of any part of the quantity of foreign liquor possessed by him under the permit, to any other person who holds a permit under any of those sections.
(4) No holder of a permit under section 40, 41, 46, 46A or 47 shall se
(1) The1[State] Government may, by rules or an order in wirting2[grant or authorize an officer to grant] licences to a club approved by the 1[State] Government in this behalf to sell foreign liquor3[to its members holding permits].
(2) Such licences shall be granted on the following conditions:--
4[* * * * * *]
(b) That no liquor shall be served to the holder of any permit in any room of the club to which the public have access at the time when any person who does not hold such permit is present;
(c) that the club when authorized5[in writing] by any member who is the holder of a permit may stock the permitted quantity of liquor on account of such member5*
6[* * * * *]
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(1) The1[State] Government may by rules or an order in writing, authorize an officer to grant any authorization to any person for the use of liquor for sacramental purposes:
Provided that the officer so authorized is satisfied that the use of such liquor is required in accordance with the religious tents of the community to which such person belongs.
2[(2) An authorization under this section shall be granted on the recommendation of such members of the community to which the person applying for the authorization belongs, as may be approved by the State Government in that behalf.]
3[* * * * *]
(4) If any dispute arises whether the use of liquor is required by any person for sacramental purpose, the person requiring such use may apply to the4[Director
1[46. Visitor's permit--
(1) The State Government may by rules, or an order in writing, authorise an officer to grant visitor's permit for the purchase, possession, use or consumption of foreign liquor to a person who--
(a) (i) is a citizen of a foreign country, or a citizen of India and resides in any part of India, where consumption of alcoholic liquor is not generally prohibited by law; or
(ii) is a citizen of a foreign country or is a citizen of India and resides in any part of India, where consumption of liquor is prohibited by law, but has been consuming such liquor under a permit or other authorization; and
(b) visits the State for a period of not more than a week.
(2) Such permit shall be granted
1[46A.2[Tourist's permit--
(1) The State Government may by rules or an order in writing authorize an officer to grant3[a tourist's permit] to consume, use and buy foreign liquor to a person who is a tourist.
(2) A tourist's permit may be granted for the period of the tourist's intended stay in the4[State], but shall in no case be granted for a period exceeding one month.
(3) Such permits shall be available at such places as a may be5[fixed] by the6[Director] in this behalf.]
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1. This marginal note was substituted for the words "tourists permit" by Bom. 22 of 1960, s. 31 (c).
2. Section 46A was inserted by Bom. 20 of 1955, s. 4.
&
(1) Notwithstanding anything contained in sections1[40, 40A and 41] the2[State] Government may, by rules or an order in writing,3[authorize an officer to] grant interim permits to persons applying for permits under any of the said provisions.
(2) Such interim permits shall not be granted for any period exceeding two months.
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1. These figures, letter and word were substituted for the figures and word "40 and 41" by Bom. 26 of 1952, s. 22 (1).
2. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
3. These words were inserted by Bom. 26 of 1952, s. 22 (2).
48. 1 [2 [Permits] for consumption or use of intoxicating drugs] 3 [or opium]--
(1) The 4 [State] Government may, by rules or an order in writing, authorize an officer to grant 5 [permits] for the 6 [consumption or use] of 7 [intoxicating drugs] 8 [or opium] in such quantities as may be prescribed.
(2) Such 5 [permits] shall be granted on the certificate of the Medical Board.
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1. This marginal note was substituted for the original by Bom. 26 of 1952, s. 23 (2).
2. This word was substituted for the word "Licences" by Bom. 22 of 1960, s. 32 (e).
3. These words were inserted, Bom. 22 of 1960.
4. T
1[48A. Permit to be non-transferable--
Permits granted under section 40, 40A, 40B, 41, 46, 46A. 47 or 48 shall be non-transferable.]
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1. Section 48A was inserted, Bom. 22 of 1960, s. 33.
[Power to make rules or pass orders for possession, etc. of opium] Deleted by Bom. 22 of 1960, s. 34.
[Warehousing of opium.] Deleted by Bom. 22 of 1960, s. 34.
[Rules for sale, etc., of warehoused intoxicant or hemp.] Deleted by Bom. 22 of 1960, s. 34.
Notwithstanding anything in this Act, it shall be lawful for any officer authorized by the1[State] Government in this behalf to grant any licences, passes or permits for import, export, transport, possession, sale, buying, cultivation, collection, manufacture,2[bottling,] consumption and use of any intoxicant hemp or mhowra flowers or molases or for the tapping of any toddy producing tree or the drawing of toddy from such tree in cases other than those specifically provided under any of the provisions of this Act.
_______________________
1. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
2. This word was inserted by Bom. 22 of 1960, s. 35.
All licences, permits, passes, or authorisations granted under this Act shall be in such form and shall, in addition to or in variation or substitution of any of the conditions provided by this Act, be subject to such conditions as may be prescribed and shall be granted on payment of the prescribed fee:
Provided that every licence, permit, pass or authorisation shall be granted only on the conditions that the1[person applying] undertakes, and in the opinion of the officer authorized to grant the licence, permit, pass or authorisation is likely to abide by all the conditions of the licence, permit, pass or authorization and the provisions of this Act.2[* * * *]
_______________________
1. These words were substituted for the words "holder thereof" Bom. 22 of 1960, s. 36.
&nb
1[53A. Certain licencees required to keep measures, etc.--
Every person who manufactures or sells an intoxicant or hemp under a licence granted under this Act, shall be bound--
(a) to equip himself with and keep such measures and weights and such instruments for testing the strength or quality of the intoxicant or hemp as the Collector may prescribe, and to keep the same in good condition, and
(b) on a requisition of and Prohibition Officer duly empowered in this behalf, at any time to measure, weigh or test any intoxicant or hemp in his possession or to have it measured, weighed or tested in such manner as the Prohibition Officer may require.]
_______________________
1. This section was inserted by Bom.
(1)1[The authority granting any licence, permit, pass or authorization under this Act may for reasons to be recorded in writing Cancel or suspend it-]
(a) if any fee or duty payable by the holder thereof is not duly paid;
(b) if the purpose for which the licence, permit, pass or authorization was granted ceases to exist;
(c) in the evenrt of any breach by the holder of such licence, permit, pass or authorization or by his servant or by any one acting with his express or implied permission on any of the terms or his behalf of any conditions of such licence, permit, pass or authorization or of any licence, permit, pass or authorization previously held by the holder;
(d) if the holder thereof or any person in the employ of such holder or any person act
No holder of a licence, permit, pass or authorization shall be entitled to any compensation for the cancellation or suspension of the licence, permit, pass or authorization under section 54 nor to a refund of any fee or deposit made in respect thereof.
(1) Whenever the authority granting a1[licence, permit, pass or authorization] considers that it should be cancelled for any cause other than those specified in section 54, he may concel2[it] either--
(a) on the expiration of not less than fifteen days' notice in writing of his intention to do so; or
3[(b) forthwith without notice, recording his reasons in writing for doing so].
4[(2) Where a licence, permit, pass or authorization is cancelled under subsection CO, a part of the fee for the licence, permit, pass or authorization proportionate to the unexpired portion of the terms thereof and the deposit made by the holder thereof in respect of such licence, permit, pass or authorization shall be refunded to him after deducting any amount due from him to the State Government.]
&nb
Notwithstanding anything contained in any other section, when a licence is liable under that section to cancellation owing to default in the payment of any duty or fee payable by the holder thereof, the authority granting the licence may attach and take such licence under management and if the profits received from such management after meeting all the expenses of such attachment and management are less than the amount of the arrears for which the licence was attached and the amount falling due on such licence during the remaining period of such licence the difference shall be recovered from the licenses as if it were a duty or fee leviable under any one of the provisions of this Act, and in the event of the said profits exceeding the amount so due under the licence, the licensee shall not be entitled to receive any of the said profits.
Notwithstanding anything contained in any law for the time being in force no right, title or interest in any licence, permit, pass or authorisation granted under this Act shall be liable to be sold, transferred or attached in execution of any process of any civil or any other court.
1 [58A. Supervision over man u facture, etc.--
The State Government may be general or special order direct that the manufacture, import, export, transport, storage, sale purchase, use, collection, or cultivation of any intoxicant, denatured spirituous preparation, hemp mhowra flowers, or molasses shall be under the supervision of such Prohibition and Excise or Police staff as it may deem proper to appoint, and that the cost of such staff shall be paid to the State Government by the person manufacturing, importing, exporting, transporting, storing, selling, purchasing, using, collecting or cultivating the intoxicant, denatured spirituous preparation, hemp, mhowra flowers or molasses:
Provided that the State Government may exempt any class of persons or institutions from paying the whole or any part of the cost of such staff.]
&nb
59.1[Director] entitled to require licence holder2' [or owner] to dispose of stocks--
(1) Notwithstanding the fact that the period during which any licence, permit, pass or authorization is to be in force as not expired, the1[Director] may direct the holder thereof to dispose of his stock of intoxicant,3[denature spirituous preparation,] or hemp or mhowra flowers before such date as may be specified in the order.
4[1A) The Director may also direct the owner of the stock of any intoxicant.3[denatured spiritious preparation.] hemp or mhowra flowers who does not hold any licence, permit, pass or authorization for such stock to dispose of the said stock before such date as may be specified in the order, and the owner shall comply with such direction.]
(2) Any stock of intoxicant,3[denatured spirit
1[CHAPTER IV-A.
CONTROL AND REGULATION OF2[ARTICLES MENTIONED IN SECTION 24A] TO PREVENT THEIR USE AS INTOXICATING LIQUOR.
_______________________
1. Chapter IV-A was inserted by Bom. 26 of 1952, s. 27.
2. These words were substituted for the words "Medicinal and Toilet preparations" by Bom. 36 of 1954, s. 7.
1[59AA. Control on manufacture, etc. of articles mentioned in section 24a]--
No article mentioned in section 24 A shall be manufactured, imported or exported, except under a licence which shall, subject to the provisions of any rules made in that behalf, be granted by an officer authorised in that behalf by an order in writing by the State Government:
Provided that no such licence shall be necessary for the import or export of such article to the extent of such quantity as may be prescribed.]
_______________________
1. This section was inserted by Bom. 22 of 1960, s. 42.
59A.1[Manufacture of articles mentioned in section 24a]--
(1) No manufacturer of any of the articles mentioned in section 24A shall sell, use or dispose of any liquor purchased or possessed for the purposes of such manufacture under the provisions of this Act otherwise than as an ingredient of the articles authorized to be manufactured therefrom. No more alcohol shall be used in the manufacture of any of the articles mentioned in section 24A than the quantity necessary for extraction or solution of the elements contained therein and for the preservation of the articles:
Provided that in the case of manufacture of any of the articles mentioned in section 24 A in which the alcohol is generated by a process of fermentation the amount of such alcohol shall not exceed 12 per cent.2[by volume].
(2)
59 B.1[Analysis of articles mentioned in section 24A]--
2[1] Whenever the Director has reason to believe that any of the articles mentioned in section 24-A does not correspond with the description and limitations provided in section 59-A, he shall cause an analysis of the said articles to be made and if upon such analysis, the Director shall find the said articles does not so correspond, he shall give not less than 15 days, notice, in writing to the person who is the manufacturer thereof or is known or believed to have imported3[or obtained] such article to show cause why the said article should not be dealt with as an intoxicating liquor such notice to be served personally or by registered post as the Director may determine, and shall specify the time when, place where, and the name of the officer before whom such person is required to appear.]
&nb
1[CHAPTER IV-B.
CONTROL AND REGULATION OF DENATURED SPIRITUOUS PREPARATIONS TO PREVANT THEIR USE AS INTOXICATING LIQUOR.
_______________________
1. Chapter IV-B was inserted, by Bom. 22 of 1960, s. 45.
(1) No person shall have in his possession, except, under a permit granted by any officer empowered by the State Government in that behalf, any quantity of denatured spirituous preparation in excess of such quantity as the State Government may, by notification in the Official Gazette, specify.
(2) In specifying quantity of possession of denatured spirituous preparation under sub-section (1) regard shall be had to the necessity for the free possession of such preparation for legitimate domestic and other purposes and different limits may be fixed for--
(i) different local areas,
(ii) different classes of persons, and
(iii) different occasions.
(1) No person shall--
(a) manufacture, sell or bottle for sale any denatured spirituous preparation, except under the authority and in accordance with the terms and conditions of a licence,
(b) import, export or transport any denatured spirituous preparation in excess of the limit of possession specified under sub-section (1) of section 59-C, except under the authority and in accordance with the terms and conditions of a pass,
(c) drink any denatured spirituous preparation.
(2) A licence or pass required under sub-section (1) shall be granted by any officer empowered in writing in that behalf by the State Government.]
(1) No person shall export or import mhowra flowers except under a pass granted by the Collector or an officer authorised in this behalf.
(2)1[No person or head of household on his behalf or on behalf of the members of his household shall in the aggregate] collect or transport or sell or buy or have in his possession mhowra flowers exceeding the prescribed limit in weight, except under the authority and subject to the conditions of a licence, permit or pass granted2[by the Collector or an officer authorised in this behalf]:
Provided that no licence, permit or pass shall be necessary for the collection, transport, sale, purchase, or possession within such area and during such period (hereinafter called vacation period) as the3[State] Government may, by notification in the Official Gazette, notify, or any quantity of mhowra flowers which s
(1) Except as otherwise provided in sub-sections (2) and (2), no person shall export, import, transport, shall or have in his possession any quantity of molasses.
(2) The1[State] Government may, by general or special order, authorise any Collector2[or any other officer] to grant licences for the import, export, sale or possession of molasses.
(3) The1[State] Government may also authorise any Collector or any other officer to grant permits for the transport of molasses.
_______________________
1. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
2. These words were inserted by Bom. 26 of 1952, s. 29.
The provisions of sections 53 to 591[(both inclusive)] shall, so far as may be applicable, apply to licences or permits granted under section 61.
_______________________
1. These brackets and words were inserted by Bom. 22 of 1960, s. 47.
1[63. Provision of Act in relation molasses to be in addition to and not in derogation of Bom. XXXVIII of 19 56.
The provisions of this Act in relation to molasses shall be in addition to, and not in derogation of, the provisions of the Bombay Molasses (Control) Act, 1956 (Bom. XXXVIII of 1956) or of any rule or order made thereunder.]
_______________________
1. This section was inserted by Bom. 22 of 1960, s. 48.
1[CHAPTER VIA.
CONTROL AND REGULATION OF ROTTEN GUR AND AMMONIUM CHLORIDE.
_______________________
1. Chapter VIA was inserted by Guj. 9 of 1978, s. 7.
[Power of State Government to direct holder of stock of molasses to sell them at fixed price to any officer, person or class of persons.] Deleted by Bom. 26 of 1952, s. 30.
No person shall have in his possession, except under a permit granted by an officer empowered by the State Government in that behalf, any quantity of rotten gur in excess of such quantity as the State Government may, by notification in the Official Gazette, specify.
No person shall manufacture, use or consume rotten gur except under the authority, and in accordance with the terms and conditions of, a licence, permit, pass or authorisation granted for the purpose by an officer empowered in that behalf by the State Government.
No person shall manufacture, use or have in his possession ammonium chloride, in excess of such quantity as the State Government may, by notification in the Official Gazette, specify, except under a licence, permit, pass or authorisation granted by an officer empowered by the State Government in that behalf.
The provisions of sections 53 to 59 (both inclusive) shall, so far as may be applicable, apply to licences, permits, passes or authorisations granted under sections 64, 64A and 64B.]
Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made or of any licence, pass, permit or authorization granted thereunder--
(c) imports or exports any intoxicant1[(other than opium)] or hemp,
(b) manufactures any intoxicant1[(other than opium)],
(c) constructs or works any distillery or brewery.
(d) bottles liquor,
(e) sells or buys any intoxicant1[(other than opium)] or hemp, or
(f) uses, keeps or has in his possession any materials, still, utensils, implements or apparatus for the purpose of manufacturing any intoxicant2[(other than opium)],
3[(g) cultivates or collects h
1 [(1)] Whoever in contravention of the provisions of this Act, or of any rule regulation or order made, or of any licence, permit, pass or authorization issued, thereunder--
2 [* * * * * *]
(b) consumes, uses, possesses or transports any intoxicant 3 [other than opium] or hemp,
(c) taps or permits to be tapped any toddy producing tree,
(d) draws or permits to be drawn toddy from any tree,
4 [(e) enters the territory of the State in an intoxicated condition or under the influence of an intoxicant (other than opium) or hemp; after having consumed such intoxicant or hemp at any place outside the State,]
shall, on conviction, be punished,--
&n
1[66A. Penalty for illegal import, etc. of opium--
Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made there under or of any licence, pass, permit or authorisation granted by or under this Act, imports, exports, transports, consumes, uses, possesses, sells or buys, opium shall, on conviction be punished for each such offence with imprisonment for a term which may extend to three years and also with fine:
Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court.--
(i) for a first offence, such imprisonment shall not be less than six months, and fine shall not be less than five hundred rupees,
(ii) for a second offence, such imprisonment sha
1[(1)] Whoever in contravention of section 21 alters or attempts to alter any denatured spirit or has in his possession any spirit in respect of which he knows or has reason to believe that any such alteration or attempt has been made shall, on conviction be punished with imprisonment for a term which may extend to one year and with fine which may extend to one thousand rupees:
Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than three months and fine shall not be less than five hundred rupees.
2[(2) In prosecutions under this section, it shall be presumed, until the contrary is proved that the alteration or attempt to alter any denatured spirit was done with the intention that such spirit may be used for human consumption as an
1[67-1A. Penalty for alteration or attempting to alter denatured spirious preparation--
2[(1)] Whoever in contravention of section 21A alters or attempts to alter any denatured spirituous preparation or has in his possession any such preparation in respect of which he knows or has reason to believe that any such alteration or attempt has been made shall, on conviction, be punished with imprisonment for a term which may extend to one year and with fine which may extend to one thousand rupees:
Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than three months and fine shall not be less than five hundred rupees.]
3[(2) In prosecutions under this section it shall be presumed, until the con
1[67-1B. Penalty for contravention of provision regarding preseriptions--
Whoever--
(a) not being a registered medical practitioner issues a prescription for intoxicating liquour, or
(b) being a registered medical practitioner,--
(i) prescribes intoxicating liquor in contravention of the provisions of sub-section (2) of section 22A, or
(ii) fails, without reasonable excuse, to state in the prescription for intoxicating liquor the particulars required by that section to be stated therein, or
(iii) fails to preserve such prescription, or a copy thereof, for the period for which it is required by that section to be preserved,
1[67A. Penalty for manufacturing2[articles mentioned in section 24A] in contravention of the provisions of section 59A--
(1) Whoever in contravention of the3[provisions of section 59AA or, as the case may be, of section 59A]--
4[(1a) manufactures, imports or exports any article mentioned in section 24A, or]
(a) sells, uses or disposes of any liquor otherwise than as an ingredient of any5[article mentioned in section 24A], or
(b) uses more alcohol6[in the manufacture of any of the articles mentioned in section 24A] than the quantity necessary for extraction or solution of the elements contained therein and for the preservation of such7[article], or
(c) knowingly sells8[any such article] for being used as a
67 B.1[Penalty for failure to satisfy the Director under sub-section (1) or to comply with a requition under sub-section (2) of section 59-B]--
2[(1)] If the manufacturer of any of the articles mentioned in section 24A fails to show to the satisfaction of the Director that the article correspondents the description and limitations provided in section 59A, his licence for the purchase, use of possession of liquor or alcohol for the manufacture of such article shall be revoked.
3[(2) Any person who fails to comply with any requisition made by the Director under sub-section (2) of section 59B, shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine or with both.]
_______________________
1. This marginal
1[67C. Penalty for possessing, etc., denatured spirituous preparations in contravention of provisions o sections 59C and 59D--
Whoever,--
(a) in contravention of the provisions of section 59C possesses, without a permit, any denatured spirituous preparation in excess of the quantity prescribed under that section, or
(b) in contravention of the provisions of section 59D, manufactures, sells, bottles for sale or imports, exports or transports, any denatured spirituous preparation, or
(c) drinks any denatured spirituous preparation,
shall, on conviction, be punished--
(i) for a first offence, with imprisonment for a term which may extend to six months and with fin
Whoever--
(a) opens, keeps or uses any place as a common drinking house; or
(b) has the care, management or control of, or in any manner assists in conducting the business, of any place opened, kept or used as a common drinking house,
1[shall, on conviction, be punished for each such offence with imprisonment for a term which may extend to three years and also with fine:
Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court,
(i) for a first offence, such imprisonment shall not be less than six months, and fine shall not be less than five hundred rupees;
(ii) for a second offence, such imprison
Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made or licence, permit or pass granted thereunder imports, exports,1[collects], transports, sells,1[buys] or has in his possession mhowra flowers shall, on conviction, be punished,--
(i) for a first offence, with imprisonment for a term which may extend to six months and with fine which may extend to one thousand rupees:
Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than three months and fine shall not be less than five hundred rupees;
(ii) for a second offence, with imprisonment for a term which may extend to two years and with fine which may extend to two thousand rupees:
&
Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made or of any licence or permit granted thereunder, exports, imports, transports, sells or has in his possession molasses shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.
1[70 A. Penalty for illegal possession etc., of rotten gur or ammonium chloride--
Whoever in contravention of the provisions of this Act, or any rule, regulation or order made or of any licence, permit, pass or authorisation granted thereunder possesses, manufactures uses or consumes rotten gur or ammonium chloride shall, on conviction, be punished with imprisonment for a term which may extend to six months and with fine which may extend to one thousand rupees.]
_______________________
1. Section 70 A was inserted by Guj. 9 of 1978, s. 9.
Section 70(a) of the Gujarat Prohibition Act, 1949, addresses the penalties related to the illegal possession of certain prohibited substances, specifically rotten gur or ammonium chloride. This section aims to regulate and restrict the possession of these substances to prevent misuse and illegal activities associated with alcohol production and other prohibited uses.
Section 70(a) prescribes penalties for the illegal possession of rotten gur or ammonium chloride, substances which are controlled under the Act due to their potential use in illicit liquor manufacture or other unlawful purposes. The section was inserted by Gujarat 9 of 1978, Section 9.
In summary, Section 70(a) of the Gujarat Prohibition Act, 1949, criminalizes the illegal possession of rotten gur and ammonium chloride, with stringent penalties aimed at preventing illicit liquor production and related activities. Its provisions reinforce the broader objectives of prohibition, emphasizing lawful possession, regulatory compliance, and deterrence through punitive measures.
Note: All references are based on the provided sources and legal interpretations thereof.
[Penalty for selling molasses at price exceeding fixed price.] Deleted by Bom. 26 of 1952, s. 33.
1[72. Penalty for removal of intoxicant, etc.--
Whoever, in contravention of the provisions of this Act or of any rule, regulation or order made, or pass granted, thereunder, removes any intoxicant, hemp, mhowra flowers or molasses from any distillery, warehouse, godown or other place of storage established or licensed under this Act shall, on conviction be punished with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees or with both.]
_______________________
1. This section was substituted for the original by Bom. 22 of 1960, s. 58.
Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made thereunder, prints, or publishes in any newspapers news-sheet, book, leaflet, booklet, or any single or periodical publication otherwise displays or distributes any advertisements or other matter.--
(a) which1[*]solicits the use of or offers any intoxicant or hemp, or
(b) which is calculated to encourage or incite any individual or class of individuals or the public generally to commit an offence under this Act, or commit a breach of, or to evade the provisions of, any rule, regulation or order made thereunder or of the conditions of a licence, permit, pass or authorization granted thereunder.
shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fin
Whoever, in contravention of a notification issued under sub-section (3) of section 24, circulates, distributes or sells any newspaper, news-sheet, book, leaflet, booklet, or other publication printed and published outside the1[State] which contains any advertisement or matter,--
(a) which2[*] solicits the use of or offers any intoxicant or hemp,3[or]
(b) which is calculated to encourage or incite any individual or class of individuals or the public generally to commit any offence under this Act, or to commit a breach of or to evade the provisions of any rule, regulation or order made thereunder' or the conditions of any licence, permit, pass or authorization granted thereunder.
shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may
75. Penalty for inciting or encouraging certain acts1* * * --
Whoever, in contravention of the provisions of this Act or any rule, regulation or order made thereunder--
(a)2[*] solicits the use of or offers any intoxicant or hemp, or
3[* * *]
(c) does any act which is calculated to incite or encourage any individual or a class of individuals or the public generally to commit an offence under this Act or to commit a breach of any rule, regulation or order made or of conditions of a licence, permit, pass or authorization granted thereunder,
shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.
1[75A. Penalty for contravention of provisions of secton--
Whoever in contravention of the provisions of section 43,--
(a) drinks in a public place or in the rooms of a hotel or institution to which the public may have access,
(b) allows the use or consumption of any quantity of foreign liquor possessed by him to any other person,
(c) serves liquor at any ceremonial or other function or any assembly of persons where persons (not being members of his family or his employees) not holding permits under sections 40, 41, 46, 46-A or 47 are present.
shall, on conviction, be punished for every such offence with imprisonment which may extend to six months or with fine which may extend to one thousand rupees, or w
Whoever in contravention of the provisions of this Act, rule or regulation or order or condition of any licence, permit or pass granted under this Act,--
(a) neglects to supply himself with measures and weights for measuring and weighing any intoxicant or hemp or with instruments for testing the strength of liquor or keep the same in good condition, or
(b) refuses to measure, weigh or test any intoxicant or hemp in his possession 1 [or to have it weighed, measured or tested],
shall, on conviction be be punished for each such offence with fine which may extend to two hundred rupees.
________________________
1. These words were added, Bom. 22 of 1960, s. 60.
Whoever, being the holder of a licence, permit, pass or authorization granted under this Act or a person in the employ of such holder or acting with his express or implied permission on his behalf :--
(a) fails to produce licence, permit, pass or authorization on demand by a Prohibition Officer or any other officer duly empowered if such licence, permit, pass or authorization is in his possession or control, or
(b) wilfully does or omits to do anything in contravention of any rule, regulation or order made under this Act, or
1* * * *
shall, on conviction, be punished for each such offence with imprisonment for a term which may extend to2[six] months, or with fine which may extend to3[five hundred] rupees or with both.
&nbs
Whoever, being the holder of a licence for the sale or manufacture of any introxicant under this Act, or a person in the employ of such holder or acting with his express or implied permission on his behalf,--
(a) mixes or permits to be mixed with the said intoxicant any noxious drug or any foreign ingredient likely to add the actual or apparent intoxicating quality or strength or any article prohibited by any rule made under this Act or water except for the purpose of reducing liquor to the strength prescribed in the licence or any diluting or colouring substance or any ingredient whatsoever likely to render the intoxicant inferior in quality whether such ingredient is or is not prohibited as aforesaid when such admixture shall not amount to the offence of adulteration under section 272 of the Indian Penal Code, or
(b) sells or keeps or
The holder of a licence, permit, pass or authorization granted under this Act shall be responsible as well as the actual offender, for any offence committed by any person in his employ or acting with his express or implied permission on his behalf under the provisions of his Act as if he himself had committed the same, unless he shall establish that, all due and reasonable precautions were exercised by him to prevent the commission of such offence:
Provided that no person other than the actual offender shall be punished with imprisonment except in default of payment of fine.
(1) Whenever any intoxicant, hemp, mhowra flowers or molasses are manufactured, imported, exported, transported, sold or, are possessed by any person on account of any other person and such other person knows or has reason to believe that such manufacture, import, export, transport, sale or possession is, on his account, the intoxicant, hemp, mhowra flowers or molasses, as the case may be, shall for the purposes of his Act, be deemed to have been manufactured, imported, exported, transported or sold by or to be in possession of, such other person.
(2) Nothing in sub-section (1) shall absolve any person from liability to any punishment under this Act for the unlawful manufacture, import, export, transport, sale, or possession of such articles.
Whoever, attempts to commit or abets the commission of an offence under this Act shall, on conviction, be punished for such attempt or abetment with the same punishment as is provided for the principal offence.
(1) In the event of any breach by the holder of any licence, permit, pass or authorsation granted under this Act or by his servants or by any person acting with his express or implied permission on his behalf of any of the terms or conditions of such licence, permit, pass or authorisation such holder shall, in addition to the cancellation or suspension of the licence, permit, pass or authorisation granted to him, be punished on conviction with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both, unless it is proved at all due and reasonable precautions were exercised by him to prevent any such breach.
(a) Any person who commits any such breach shall, whether the acts with or without the permission of the holder of the licence, permit, pass or authorization be liable to the same punishment.
When two or more persons agree--
(a) to commit or cause to be committed any offence under this Act, or
(b)1[* * *] to commit a breach of a condition of a licence, permit, pass or authorization,
each of such persons shall, on conviction, be punished with imprisonment for a period which may extend to two years or with fine which may extend to one thousand rupees or with both.
________________________
1. The words "to defeat or frustrate the provisions of this Act, rules, regulation or order, or" were deleted by Bom. 26 of 1952, s. 37.
Whoever is found drunk or drinking in a common drinking house or is found there present for the purpose of drinking shall, on conviction, be punished with fine which may extend to five hundred rupees. Any person found in a common drinking house during any drinking therein shall be presumed, until the contrary is proved to have been here for the purpose of drinking.
1[(1)] Whoever in any street, or through fare or public place or in any place to which the public have or are permitted to have access--
(1) is drunk and incapable of taking care of himself, or
(2) behave in a disorderly manner under the influence of drink,2[or]
(3) is found drunk but who is not the holder of permit granted under the provisions of this Act or is not eligible to hold a permit under section 40, 41,3[46 or 46A].
shall, on conviction, be punished,--
(i) for an offence under clause (1)4[or clause (3)],
(a) for a first offence, with imprisonment for a term which may extend to one month and with fine which may extend to two hundred rupees:
&n
(1) Whoever, being the owner or occupier or having the use or care or management or control of any place, knowingly permits it to be used for the purpose of the commission by any other person of any offence punishable under this Act, shall on conviction, be punished with imprisonment for a term which may extend to six-months or with fine which may extend to one thousand rupees or with both:
Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the court, the imprisonment shall not be less than three months and fine shall not be less than five hundred rupees.
(2) It shall be presumed until the contrary is proved, that a person accused of an offence under sub-section (1) as committed such offence if the offence committed by that other person is proved to have been committed in the
A chemist, druggist, apothecary or keeper of a dispensary who allows any liquor, which has not been Bonafide medicated for medicinal purposes according to the prescription of a1[registered medical practitioner] or any intoxicating drug to be consumed on his business premises by any person, shall on conviction, be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
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1. These words were substituted for the words 'medical practitioner" by Bom. 12 of 1959, s. 10.
If a1[registered medical practitioner] issues a prescription with the intention that such prescription shall be used by the person to whom it is issued for the purpose of consuming liquor, intoxicating drug or opium in contravention of the provisions of this Act, or rule, regulation or order made thereunder or any licence, permit, pass or authorization granted under this Act, be shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.
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1. These words were substituted for the words 'medical practitioner" by Bom. 12 of 1959, s. 10.
Any person who maliciously and falsely gives information to any person exercising powers under this Act leading to a search, seizure, detention or arrest shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.
Whoever is guilty of any wilfull act or intentional omission in contravention of the provisions of this Act, or any rule, regulation, or order made thereunder or of any licence, permit, pass or authorization granted under this Act, and if such act or omission is not otherwise made an offence under this Act, shall, on conviction, be punished with the imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both.
(1) Whenever any person is convicted of an offence punishable under this Act, the court convicting such person may, at the time of passing the sentence on such person, order him to execute bond for a sum proportionate to his means with or without sureties to obtain from the commission of offences punishable under the provisions of this Act during such period not exceeding three years as it may direct.
(2) The bond shall be in such form as may be provided under the provisions of the Code of Criminal Procedure, 1898 (V of 1898), and the provisions of the said Code shall in so far as they are applicable apply to all matters connected with such bond as if it were a bond to keep the peace ordered to be executed under section 106 of the said Code.
(3) If the conviction is set aside in appeal the bond so executed shall become void.
[Release of offenders on bond] Deleted by Bom. 67 of 1953, s. 2.]
(1) Whenever 1 [2 [* * *]] a District Magistrate or Sub-Divisional Magistrate] receives information that any person within the local limits of his jurisdiction habitually commits or attempts to commit or abets the commission of an offence punishable under this Act such magistrate may require such person to show cause why he should not be ordered to execute a bond, with sureties, for his good behaviour for such period not exceeding three years as the Magistrate may direct.
(2) The provisions of the Code of Criminal Procedure, 1898 (V of 1898), shall in so far as they are applicable apply to any proceedings under sub-section (1) as if the bond referred to therein were a bond required to be executed under section 110 of the said Code.
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1. The words "Presidency Magistrate s
If any person in respect of whom a bond is ordered to be executed under1[sections 91 and 93] is a minor, the bond shall be executed by his guardian.
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1. These words and figures were substituted for "the lasts three preceding sections." by Bom. 67 of 1953, s. 3.
Any officer or person exercising powers under this Act, who--
(a) maliciously enters or searches or causes to be entered or searched, any building or house or similar dwelling place; or
(b) 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
(c) vexatiously and unnecessarily detains, searches or arrests may person; or
(d) in any other way maliciously exceeds or abuses his lawful powers,
shall on conviction, be punished with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees or with both.
1[96. Punishment for vexatious delay--
Any officer or Person exercising powers under this Act who vexatiously and unnecessarily delays forwarding to a Magistrate or to the officer incharge of the nearest police station as required by the provisions of this Act, any person arrested or article seized under this Act shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine which may extend to One thousand rupees or with both.]
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1. This section was substituted for the original by Bom. 22 of I960, s. 62.
Any officer or person exercising power under this Act, who--
(a) unlawfully releases any person arrested under this Act, or
(b) abets the escape of any person arrested under this Act, or
(c) abets the commission any offence against this Act, and any other officer of the1[Government] or of a local authority who abets the commission of any offence against this Act.
shall on, conviction, be punished with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees or with both.
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1. This word was substituted for the word "Crown" by the Adaptation of Laws Order, 1950.
(1) Whenever any offence punishable under this Act has been committed,
(a) any intoxicant, hemp, mhowra flowers, molasses, materials, still, utensil, implement or apparatus in respect of which the offence has been committed,
(b) where, in the case of an offence involving illegal possession, the offender has in his lawful possession any intoxicant, hemp, mhowra flowers or molasses other than those in respect of which an offence under this Act has been committed, the entire stock of such intoxicant, hemp, mhowra flowers, or molasses,
(c) where, in the case of an offence of illegal import, export or transport, the offender has attempted to import, export or transport any intoxicant, hemp, mhowra flowers or molassas in contravention of the provisions of this Act, rule, regulation or order or in br
When during the trial of a case for an offence under this Act the court decides that anything is liable to confiscation under the foregoing section, the court may, after hearing the person, if any, claiming any right thereto and the evidence if any, which he produces in support of his claim, order confiscation or in the case of any article other than an intoxicant, hemp, mhowra flowers or molasses give the owner an option to pay fine as the court deems fit in lieu of confiscation :
Provided that no animal, cart, vessel, vehicle or other conveyance shall be confiscated if the owner thereof satisfies the court that he had exercised due care in preventing the commission of the offence.
When an offence under this Act has been committed and the offender is not known or cannot be found or when anything liable to confiscation under this Act is found or seized, the 1 [Director], Collector or any other officer authorized by the 2 [State] Government in this behalf may make an inquiry and if after such inquiry is satisfied that an offence has been committed, may order the thing found to be confiscated:
Provided that no such order shall be made before the expiry of one month from the date of seizure, or without hearing 3 [the person, if any, claming any right thereto] and the evidence, if any, which he produces in support of his claim.
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1. This word was substituted for the word "Commissioner" by Bom. 28 of 1950 Sch,
If the thing in question is liable to speedy and natural decay, or if the1[Director], Collector,2[Court] or the officer authorized by the3[State] Government in this behalf is of opinion that the sale would be for the benefit of the owner, the1[Director], Collectors,2[Court] or the officer may at any time direct it to be sold and the provisions of section 99 or 100 shall apply so far as may be to the net proceeds of the sale:
4[Provided that, where anything is liable to speedy and natural decay, or is of trifling value, the Court or the officer concerned may order such thing to be destroyed, if in its or his opinion such order is expedient in the circumstances of the case].
________________________
1. This word was substituted for the word "Commissioner" by Bom. 28 of 1950 Sch,
&
102. Forfeiture of any publication containing advertisement or matter1[soliciing] use of intoxicants--
(1) Where any newspaper news-sheet, book, leaflet, booklet or other publication wherever printed or published appears to the2[State] Government to contain any advertisement or matter3[*] soliciting the use of, or offering an intoxicant or hemp, the2[State] Government may, by notification in the Official Gazette, declare every copy of such newspaper, news-sheet, book, leaflet, booklet or other publication whether printed or published in the4[State] or outside to be forfeited to5[the State Government], and thereupon any Police Officer may seize the same wherever found in the4[State]. Any Magistrate may by warrant authorize any Police Officer not below the rank of Sub-Inspector to enter upon and search for the same in any premises where any copy of such issue or any such a newspaper,
(1) In prosecutions under any of the provisions of this Act, it shall be presumed without further evidence, until the contrary is proved, that the accused person as committed in offence under this Act in respect of any intoxicant, hemp, mhowra flowers or molasses or any still, utensil, implement or apparatus, whatsoever for the manufacture of any intoxicant 1 [* * *] 2 [or any materials which have undergone any process towards the manufacture of any intoxicant or from which an intoxicant has been manufactured,] for the possession of which he is unable to account satisfactorily.
3 [***] 4[(2) Where in any trial of an offence of manufacturing liquor or any intoxicating drug and using a still for such purpose in contravention of the provisions of this Act, it is proved that the accused person was present by the side of the still while it was working or that he was the owner or occupie
[Report of certain registered medical officers as evidence.] Deleted by Bom. 12 of 1959, s. 12.
(1) The1[State] Government may sanction the acceptance from any person whose licence, permit, pass or authorisation is liable to be cancelled or suspended under the provisions of this Act or who is reasonably suspected of having committed an offence under section2[69,70,77,82 or] 108 of a sum of money in lieu of such cancellation or suspension or by way of composition for the offence which may have been committed, as the case may be; and in all cases in which any property other than the intoxicant, hemp, mhowra flowers or molasses has been seized as liable to confiscation under this Act may release the same on payment of the value thereof as estimated by the1[State] Government or such officer as the1[State] Government may authorize in the this behalf :
Provided that where a person who is reasonably suspected of having committed an offence under section2[69, 70 or] 108 is not the ho
1[104A. Bombay Probation of Offenders Act, 1938 and section 562, of Code of Criminal Procedure, 1898, not to apply to persons convicted of offence under this Act--
Nothing in the Bombay Probation of Offenders Act, 1938 (Bom. XIX of 1938), or2[in any law corresponding to that Act in force in any part of the State or in the Probation of Offenders Act, 1958 (XX od 1958), where that Act is brought into force in any part of the State or in] section 562 of the Code of Criminal Procedure, 1898 (V of 1898), shall apply to any person convicted of any offence under this Act.]
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1. Section 104 A was inserted by Bom. 67 of 1953 s. 4.
2. These words and figures were inserted by Bom. 12 of 1959, s. 13.
1 [(1)] An excise duty or countervailing duty, as the case may be, at such rate or rates as the 2 [State] Government shall direct may be imposed either generally or for any specified local area on--
(a) any alcoholic liquor for human consumption,
(b) any intoxicating drug 3 [or hemp], :
4 [(c) opium],
(d) any other excisable article,
when imported, exported, transported, possessed, manufactured or sold 5 [in or from the 6 [State], as the case may be] :
Provided that duty shall not be so imposed on any article which has been imported into 7 [the territory of India] and was liable on such importation to duty under the Indian Tariff Act, 1934 (XXXII of 1934), or t
Subject to any regulations to regulate the time, place and manner of payment made by the1[Director] in this behalf, the duties referred to in section 105 may be levied in one or more of the following ways :--
(a) in the case of an excisable article imported--
(i) by payment either in the2[State] at the time of its import or in the3[State] or territory of export at the time of its export, or
(ii) by payment upon issue for sale from a warehouse established or licensed under the provisions of this Act;
(b) in the case of an excisable article exported by payment in the2[State] at the time of its export, or in the3[State] or territory of import;
(c) in the case of excisable articles transported --
&nb
1[107. Fees--
[Power to exempt, remit or refund excise duty.] Deleted by Bom. 22 of 1960, s. 69.
The State Government may, by rules prescribe the fees payable in respect of any privilege, licence, permit, pass or authorisation granted or issued under this Act].
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1. Section 107 was inserted by Guj. 9 of 1978, s. 12.
1[107A. Declaration of stock of articles mentioned in section 24A; maintenance of accounts and submission of returns--
Every person who imports or manufactures any of the articles mentioned in section 24A shall--
(a) submit to the Collector within such period and in such form, as may be prescribed, a declaration of the quantity of such articles in his possession on the importation or manufacture of the said articles, as the case may be;
(b) maintain accounts of the articles in such form submit such returns as may be prescribed.
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1. Sections 107 A and 107 B were inserted by Bom. 26 of 1952, s. 44.
(1) The Collector or any officer empowered by the State Government in this behalf may, subject to such conditions as may be prescribed,
(a) by order require any person liable to pay any excise duty of fee under this Chapter to furnish him with any information or to produce before him any accounts or other documents concerning any excisable article as may be necessary, or the purposes of this Chapter;
(b) inspect at all reasonable hours the accounts or other documents relating to the stocks of any excisable article imported or manufactured or stored in respect of which such duty or fee has been paid or is payable and any place where such article is manufactured or stored;
(c) for reasons to be recorded in writing, enter any place where he knows or has reason to believe that any excisable articl
Whoever imports, exports, transports, possesses,1[sells] or manufactures any intoxicant or hemp without the payment of duty or fee provided for under this Act shall, on conviction,2[in addition to being required to pay such duty or fee be punished with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees or the amount of such duty or fee, whichever is greater, or with both.]
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1. This word was inserted by Bom. 26 of 1952, s. 45 (1).
2. This portion was substituted for the words beginning with the words "be liable to the same punishments" and ending with the words "of this Act", Bom. 26 of 1952, s. 45.(z)
(1) For every toddy producing tree1[which is tapped or licensed be tapped or in respect of which a licence for drawing toddy therefrom is granted] there shall, if the2[State] Government so directs, be levied for any period during which such tree is tapped or licenced to be tapped, such duty as the2[State] Government may from time to time direct.
(2) Every licence3[for the tapping of, and drawing toddy from, toddy producing trees] granted under this Act shall specify in addition to any other particulars prescribed under the provisions of this Act or rules or regulations--
(a) the number, description and situation of the trees to be tapped,
(b) the amount of duty to be levied in respect of each tree,
(c) the instalments, if any, which and the period a
The duty on toddy producing trees shall be leviable primarily from the person holding the licence1[to tap them and to draw toddy therefrom] and in default by him or if the trees are tapped without licence, from the owner of the trees.
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1. These words were substituted for the words "to draw toddy" Bom. 22 of 1960, s. 72.
When the duty on toddy producing trees is levied from the owner of the trees, he shall be entitled to assistance in recovering the same from the holder of the licence under the provisions of the law for the time being in force relating to the recovery by superior holders of their dues from their tenants.
The privilege of drawing toddy from trees the right to which vests in the1[State] Government may be disposed of2[*] by auction or otherwise on such terms as the Collector deems fit.
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1. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
2. The word "annually" was deleted, Bom. 22 of 1960, s. 73.
[Rules for levy of duty on opium, etc]. Deleted by Bom. 22 of 1960, s. 74.
1 [114. Recovery of duties etc.
(1) All duties, taxes, fines (except fines imposed by a Court) and fees leviable under any of the provisions of this Act or in respect of any licence, permit, pass or authorization granted under it, and the cost of the supervising staff appointed under section 58A, may be recovered from any person liable to pay the same or from his surety, if any, as if they were arrears of land revenue.
(2) When any person, in compliance with any rule, regulation or order made under this Act, gives a bond (other than a bond under section 91 or 93) for the performance of an act, or for his abstention from any act, such performance or abstention shall be deemed to be a public duty within the meaning of section 74 of the Indian Contract Act, 1872 (XI of 1872); and upon breach of the conditions of such bond by him, the whole
1[115. Magistrate's power to impose enhanced penalties--
Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898 (V of 1898), it shall be lawful for2*** any Magistrate of the First Class to pass any sentence authorized by this Act in excess of his powers under section 32 of the said Code, provided that the fine shall not exceed three thousand rupees.]
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1. This section was substituted for the original Bom. 22 of 1960, s. 76.
2. The words "any Presidency Magistrate or" were omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
1[115A. Venue of trial; of offence of consumption of intoxicant or hemp--
Notwithstanding anything contained in Code of Criminal Procedure, 1898 (V of 1898), an offence of consumption of any intoxicant or hemp specified in clause (b) of sub-section (1) of section 66, may be tried by a Magistrate having jurisdiction either at the place in which the offence was actually committed or at any place in the State in which the offender may be found.]
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1. This section was inserted by Guj. 16 of 1964, s. 3.
In all trials for offences under this Act, the Magistrate shall follow the procedure prescribed in the Code of Criminal Procedure, 1898 (V of 1898), for the trial of summary cases in which an appeal lies.
1 [116A. Tender of pardon to accomplice--
(1) Whenever two or more persons are prosecuted for an offence under this Act, 2 * * any Magistrate of the First Class may, at any stage of the investigation or inquiry into or the trial of offence, with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in, or privy to the offence, tender a pardon to such person on condition of his making a full and true disclosure of all facts within his knowledge relative to the offence.
(2) Every Magistrate, who tenders a pardon under sub-section (1), shall record his reasons for so doing.
(5) Every person, accepting tender under this section, shall be examined as a witness in the Court of the Magistrate taking cognizance of the officer, and in the subsequent trial
1[116B. No analysis required for known brand of liquor--
Where in any trial for any offence of unlawful possession of liquor under this Act, it is proved that the accused person was in the possession of any sealed bottle bearing the original label indicating the name of any known brand of spirits, such as whisky, brandy, rum, gin, club cup, liqueurs, milk punch, or of wines such as champagne, moselle, burgundy, chianti, white wines, clarets, hocks, riesling, meceira, ginger-wine, port type., port vermouth, sherry wincarnis, vibrona, manola, buckfast, tonic-wine or of fermented liquors such as ale, beer, milk-stout (porter), cidar, and the name of its manufacturer it shall be presumed that the accused person was in possession of liquor.]
________________________
1. Section 116-B was inserted by
Save as otherwise expressly provided in this Act, all investigations, arrests, detentions in custody and searches shall be made in accordance with the provisions of the Code of Criminal Procedure, 1898 (V of 1898) :
Provided that1[* * * * *] no search shall be deemed to be illegal by reason only of the fact that witnesses for the search were not inhabitants of the locality in which the place searched is situated.
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1. The words beginning with the words "in any local area" and ending with the words "State Government" were deleted by Bom. 26 of 1952, s. 46.
1 [117A. Maintenance of list of Panchas--
(1) If the Commissioner of Police or the District Superintendent of Police, as the case may be, considers that in any gram, nagar, municipal borough or city, or in any locality thereof it is necessary to have a list of local persons liable to serve as pancha witnesses for searches made and for such other purposes connected with the investigation of offences under this Act, the Commissioner of Police or the District Superintendent of Police, as the case may be, may request the gram panchayat, the nagar panchayat, the municipality, or the municipal corporation, of such gram, nagar, municipal borough or city respectively to prepare and maintain such list for such gram, nagar, municipal borough, city or any locality thereof, and thereupon it shall be the duty of such panchayat, municipality as municipal corporation to prepare and maintain such
1[118. Procedure of Code of Criminal Procedure relating to cognizable offences to apply--
In the absence of any provision to the contrary in this Act the provisions of the Code of Criminal Procedure, 1898 (V of 1898), with respect to cognizable offences shall apply to offences under this Act.
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1. These sections were substituted for the original by Bom. 22 of 1960, s. 78.
Offences under sections 65, 67, 67-IA and 68 shall be non-bailable.]
1[120. Power of entry and inspection--
The Director, Collector, or any Prohibition Officer duly empowered in this behalf by the State Government, or any Police Officer may--
(a) enter at any time by day or by night, any warehouse, godown, shop, premises, house, building, vessel, vehicle or enclosed place in which he has reason to believe that any intoxicant, hemp, mhowra flowers, molasses, material or article liable to confiscation under this Act is manufactured, kept or concealed or that any still, utensil, implement or apparatus is used, kept, or concealed for the purpose of manufacturing any intoxicant contrary to the provisions of this Act;
(b) in case of resistance, break, open any door and remove any other, obstacle to his entry into any such warehouse, godown, shop, premises, house, bui
(1) Any Prohibition Officer duly empowered in this behalf by the1[State] Government or any Police Officer may open any package and examine any goods and may2[stop and search] for any intoxicant, hemp, mhowra flowers, or molasses any vessel, vehicle or other means of conveyance3[and may seize any intoxicant, hemp, mhowra flowers, molasses or any other thing liable to confiscation or forfeiture under this Act or any other law for the time being in force relating to excise revenue found while making such search.]
(2) The unloading and carrying of goods, the bringing of them to the place appointed under sub-section (5) for examination, the opening and repacking of them, where such operations4[are necessary for searches made] under the section and the removing of goods to and placing of them in the place appointed under sub-section (5)5[for examination or deposit], shall be performed by
1 [122. Power to require production of lincences--
(1) The Director or Collector or any Prohibition Officer duly empowered in this behalf by the State Government or any Police Officer may--
(a) require a licensed manufacturer or vendor tapper or drawer of toddy or a person in the employ of such manufacturer or vendor or tapper or drawer of toddy or acting with this express or implied permission on his behalf to produce the licence, permit, pass or authorisation issued under this Act under which he carries on the manufacture, storage or sale of any intoxicant, hemp, mhowra flowers or molasses or taps toddy producing trees or draws toddy therefrom;
(b) enter and inspect, at any time by day or by night, any land on which toddy producing trees are growing, whether such trees are licensed for tappi
(1) Any Prohibition Officer authorized by the1[State] Government in this behalf or any Police Officer may--
(a) arrest without warrant any person whom he has reason to believe to be guilty of an offence under this Act;
(b) seize and detain any intoxicant, hemp, mhowra flowers or molasses or other articles which he has reason to believe to be liable to confiscation or forfeiture under this Act2[and seize any document or other article which he has reason to believe may furnish evidence of the commission of an offence under this Act].
(2) Any Prohibition Officer authorised by the1[State] Government under this section who arrests any person under sub-clause (a) or siezes and detains any article under sub-clause (b) of sub-section (1) shall forward such person or article, as the case may be, withou
(1) The1[Director] or Collector or any Prohibition Officer specially empowered in this behalf by the2[State] Government or a Police Officer may, by order require any person to furnish to any specified authority or person any such information in his possession concerning any intoxicant, hemp, mhowra flowers or molasses as may be specified in the order.
(2) If any person fails to furnish any information in compliance with the order made under sub-section (1) or furnishes false information, he shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both.
________________________
1. This word was substituted for the word "Commissioner" by Bom. 28 of 1950, Sch.
&
The1[Director], Collector or any Prohibition Officer duly empowered in this behalf or any Police Officer may--
(a) seize in any open place, or in transit any intoxicant, hemp, mhowra flowers or molasses or any other thing which he has reason to believe to be liable to2[confiscation or forfeiture] under this Act or any other law for the time being in force relating to excise revenue3[and any documents or other article which he has reason to b 5lieve may furnish evidence of the commission of an offence under this Act;]
(b) detain and search any person whom he has reason to believe to be guilty of any offence against this Act or any other law for the time being in force relating to excise revenue, and if such person has any intoxicant, hemp mhowra flowers, molasses or4[other thing] in his possession, arrest him.
&
The1[Director], Collector, or any Prohibition Officer duly empowered in this behalf by the2[State] Government or any Police Officer may arrest without an order from a Magistrate and without warrant any person who obstructs him in the execution of his duties under this Act or who has escaped or attempts to escape from custody in which he has been or is lawfully detained under this Act.
________________________
1. This word was substituted for the word "Commissioner" by Bom. 28 of 1950, Sch.
2. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
(1) When any person who in the presence of the1[Director], Collector or any Prohibition Officer not below such rank as the2[State] Government may determine, as committed or has been accused of committing an offence under this Act, refuses on demand of such officer to give his name and residence or gives a name and residence which such officer has reason to believe to be false, he may be arrested by such officer, in order that his name or residence may be ascertained.
(2) When the true name and residence of such person have been ascertained, he shall be released on his executing a bond with or without sureties to appear before3[a Magistrate having jurisdiction] when so required:
Provided that if such person is not resident in4[India], the bond shall be secured, by a surety or sureties residing in4[India].
(1) The 1 [Director], Collector or any Prohibition Officer duly empowered in this behalf 2 [* * * * *] or a Magistrate or a District Superintendent of Police or an Assistant or Deputy Superintendent of Police specially empowered by the 3 [State] Government in this behalf may issue a warrant--
(a) for the arrest of any person whom he has reason to believe to have committed an offence under this Act or any other law relating to the excise revenue for the time being in force;
(b) for the search whether by day or by night, of any building vehicle or place in which he has reason to believe that any intoxicant, hemp, 4 * mhowra flowers or molasses are manufactured or sold or stored or that any toddy is drawn contrary to the provisions of this Act, or that any intoxicant, hemp 5 [mhowra flowers, molasses] or other thing liable to confiscation o
1[128-A. Certain provisions to apply to denatured spirituous preparations--
The provisions of sections 80, 98, 99, 103(1), 104, 120, 121, 122, 123, 124, 125 128, 135 and 139 shall apply to2[denatured spirituous preparations, rotten gur or ammonium chloride] as they apply to any intoxicant under this Act.]
________________________
1. Section 128-A was substituted for the original by Bom. 22 of 1960, s. 85.
2. These words were substituted for the words "denatured spirituous preparations" by Guj. 9 of 1978, s. 15.
(1) The 1 [State] Government may empower any Prohibition Officer to investigate offences under this Act.
(2) An officer empowered under sub-section (1) shall in the conduct of such investigation exercise the powers conferred by the Code of Criminal Procedure, 1898 (V of 1898), upon upon an officer-in-charge of a Police Station for the investigation of cognizable offences.
(3) Any Prohibition Officer to whom such officer is subordinate may, during the course of the investigation, take over the investigation himself or direct any other Prohibition Officer duly empowered to conduct the same. The officer in conducting the investigation shall have the same power under sub-sections (1) and (2) as if he were the Prohibition Officer appointed for the area or for the purpose of investigating the said offence.
&nbs
1 [129 A. Power to require persons to submit to medical examination, etc.--
(1) Where in the investigation of any offence under this Act, any Prohibition Officer duly empowered in this behalf by the State Government or any Police Officer, has reasonable ground for believing that a person has consumed, an intoxicant and that for the purpose of establishing that he has consumed an intoxicant or for the procuring of evidence thereof it is necessary that his body be medically examined, or that his blood be collected for being tested for determining the percentage of alcohol therein, such Prohibition Officer or Police Officer may produce such person, before a registered medical practitioner (authorised by general or special order by the State Government in this behalf) for the purpose of such medical examination or collection of blood and request such registered medical practitioner or
Any document purporting to be :--
(a) a certificate under the hand of a registered medical practitioner, or the Chemical Examiner or Assistant Chemical Examiner to Government, under section 129 A or of an officer appointed under sub-section (1) of that section, or
(b) a report under the hand of any registered medical practitioner in any hospital or dispensary maintained by the State Government or a local authority, or any other registered medical practitioner authorised by the State Government in this behalf, in respect of any person examined by him or upon any matter or thing duly submitted to him for examination or analysis and report,
may be used as evidence of the facts stated in such certificate, or as the case may be, report, in any proceedings under this Act; but the court may if it thi
Every person arrested and thing seized by a Prohibition Officer under this Act shall be sent to the officer-in-charge of the nearest Police Station1[or to any other officer duly empowered under section 129 if the Director in any particular case has directed such officer to conduct the investigation of the offence.]
________________________
1. This portion was added by Bom. 22 of 1960, s. 86.
(1) Any Prohibition Officer empowered to investigate an offence under this Act shall have power to grant bail in accordance with the provisions of the Code of Criminal Procedure, 1898 (V of 1898), to any person arrested without a warrant for an offence under this Act.
(2) When any person has been arrested under section 126, a Prohibition Officer empowered to investigate offence under this Act shall have power to grant bail in accordance with the provisions of the Code of Criminal Procedure, 1898 (V of 1898).
1[When anything has been seized under the provisions of this Act by a Prohibition Officer exercising powers under section 129 or by an Officer in-charge of a Police Station], or has been sent to him in accordance with the provisions of this Act, such officer, after such inquiry as may be deemed necessary :--
(a) if it appears that such thing is required as evidence in the case of any person arrested, shall forward it to the Magistrate to whom such person is forwarded or for his appearance before whom bail has been taken,
(b) if it appears that such thing is liable to confiscation but is not required as evidence as aforesaid, shall send it with a full report of the particulars of seizure to the Collector,
(c) if no offence appears to have been committed shall return it to the person form whose
133. Duty of1[Officer of Government] and local authorities to assist--
Every officer of the2[Government] and every officer or servant of a local authority, shall be3[legally bound to assist any Prohibition Officer or] police officer or person authorised in this behalf in carrying out the provisions of this Act.
________________________
1. These words were substituted for the words "officials of all departments" Bom. 22 of 1960, s. 88 (b).
2. This word was substituted for the word "Crown" by the Adaptation of Laws Order, 1950.
3. These words were substituted for the words "legally bound to assist any" by Bom. 22 of 1960, s. 88 (a).
1[134. Offences to be reported--
Every village officer or servant useful to Government, every officer of the State Government, and (with the consent of the Central Government) every officer of the Customs and Central Excise Departments, and every officer or servant of a local authority, and the Sarpanch of a village panchayat constituted under the Bombay Village Panchayats Act, 1958 (Bom. III of 1959), shall be bound--
(a) to give immediate information at the nearest Police Station or to any officer or person authorised in this behalf of the commission of any offence and of the intention or preparation to commit any offence under this Act which may come to their knowledge;
(b) to take all reasonable measures in their power to prevent the commission of any such offence which they may know or ha
Every person who owns or occupies any land or building, or who is a landlord of an estate residing in the village, and the agent of such owner, occupier or landlord of the land, building, or estate, as the case may be, on or in which there has been any unlawful tapping of toddy producing trees or unlawful manufacture of any liquor or intoxicating drug or unlawful cultivation or collection of hemp, and every owner of a vessel or vehicle in which liquor or intoxicating drug is manufactured contrary to the provisions of this Act, shall, in the absence of reasonable excuse, be bound to give notice of the same to a Magistrate or to a Prohibition Officer or to a Police Officer immediately the same shall have come to its knowledge].
[Power to arrest and make orders detaining or restricting movements or actions of persons.] Deleted by Bom. 26 of 1952, s. 59.
(1) All orders passed by any Prohibition Officer other than the Collector or1[Director] under this Act, shall be appealable to the Collector at any time within sixty days from the date of the order complained of.
(2) All orders passed by the Collector and1[Director] shall be appealable to the1[Director] and the2[State] Government respectively at any time within ninety days from the date of the order complained of :
Provided that no appeal shall lie against an order passed by the1[Director] on appeal.
(3) Subject to the foregoing provisions, the rules which the2[State] Government may make in this behalf shall apply to appeals under this section.
________________________
1. This word was substituted for the
1[138. Revision--
The State Government may call for and examine the record of any proceeding before any prohibition Officer, including that relating to the grant or refusal of a licence, permit, pass or authorization under this Act, for the purpose of satisfying itself as to the correctness, legality or propriety of any order passed in, and as to the regularity of, any such proceeding and may, when calling for such record, direct that the order be not given effect to pending the examination of the record. On examining the record, it may either annul, reverse, modify or confirm such order, or pass such other order as it may deem fit.]
________________________
1. This Section was substituted for the original by Bom. 22 of 1960, s. 90.
139. General powers of1[State] Government in respect of licences, etc.--
2[(1)] Notwithstanding anything contained in this Act or the rules made thereunder, the1[State] Government may, by general or special order,--
(a) prohibit the grant of any kind of licences, permits, passes or authorizations throughout the3[State] or in any area;
(b) regulate the import, export, transport, possession, sale, purchase, consumption or use of any intoxicant, hemp, mhowra flowers, molasses or any article which is likely to be used for the manufacture of an intoxicant with or without licence, permit, pass or authorization throughout the4[State] or within the limits of any local area subject to such conditions5[as it may impose];
6[(c) exempt any person or institution
The1[State] Government may, by general or special order, prohibit, regulate, or control, subject to such conditions as may be specified in the order, the consumption or use of any intoxicant or hemp, in any public place.
________________________
1. This word was substituted for the word "Provincial" by the Adoption of Laws Order. 1950.
(1) If the1[State] Government is satisfied that the inhabitants of any area are concerned in the commition or abetment of any of the offences punishable under sections2[65, 66, 66A, 67, 67-1A, 67 C, 68, 69 and 70] the1[State] Government may, by notification in the Official Gazette, direct the employment of additional police3[in that area] for such period as it thinks fit
(2) The cost of such additional police shall, if the1[State] Government so directs, be either in whole or in part defrayed by a tax imposed on the persons herein below mentioned, or by a rate assessed on the property of such persons, or both by a tax and by a rate so imposed and assessed, and charged--
(a) either generally on all persons who are inhabitants of the local area to which such notification applies; or
(b) specially
1[142. Power of Collector to close places where intoxicant or hemp is sold in certain cases--
(1) If the Collector is of opinion that it is in the interest of public peace to close any place in which any intoxicant or hemp is sold, it shall be lawful for the Collector by an order in writing to the person holding a licence for the sale of such intoxicant or hemp to require him to close such place at such time or for such period as may be specified in the order.
(2) If a riot or unlawful assembly is imminent, or takes place, it shall be lawful for 4[any Executive Magistrate] or Police Officer who is present to direct that such place shall be closed and kept closed for such period as he thinks fit, and in the absence of2[any Executive Magistrate] or Police Officer the person referred to in sub-section (1) shall himself close such place.
143. Power of 1 [State] Government to make rules--
(1) The 1 [State] Government may make rules for the purpose of carrying out the provisions of this Act or any other law for the time being in force relating to excise revenues.
(2) In particular and without prejudice to the generality of the foregoing provisions, the 1 [State] Government may make rules,--
(a) regulating the delegation of any powers by the 2 [Director], by the Collector, or by any other Prohibition Officer;
(b) regulating the import, export, transport, 3 [collection], sale, purchase, 4 [bottling], consumption, use or possession of any intoxicant, 5 [denatured spirituous preparation] or hemp, mhowra flowers or molasses;
6 [(bb) regulating t
144. 1 [Director's powers to make regulations--
(1) The 1 [Director] may make regulations, not inconsistent with the provisions of this Act, or rules.--
(a) regulating, as the case may be, the 2 * supply or storage of any intoxicant, 3 [denatured spirituous preparation] or hemp, 4 [mhowra flowers, molasses, rotten gur or ammonium chloride] including--
(i) the erection, inspection, supervision, management and control of any place for the manufacture, supply or storage of such article, and the fittings, implements and apparatus to be maintained therein;
5 * * * * *
(b) regulation the deposit or any intoxicant, hemp, 6 *7 [mhowra flowers, molasses, rotten gur or ammonium chloride] in a warehouse and the remo
All officers and persons empowered to exercise any powers or to perform any functions under this Act shall be deemed to be public servants within the meaning of section 21 (XLV of 1860) of the Indian Penal Code.
No suit or proceeding shall lie against the1[Government] or against any prohibition, Police, or other officers or against any person empowered to exercise powers or to perform functions under this Act, for anything in good faith done or purporting to be done under this Act.
________________________
1. This word was substituted for the word "Crown", the Adaptation of Laws Order, 1950.
1[146A. Limitation of prosecutions or suits against officers--
(1) All prosecutions of any Prohibition, Police or other officers, or of any persons empowered to exercise powers or to perform functions under this Act, and all actions which may be lawfully brought against the Government or any of the aforesaid officers or persons, in respect of anything done or alleged to have been done in 'pursuance of this Act, shall be instituted within four months from the date of the act complained of, and not afterwards; and any such action shall be dismissed.--
(a) if the plaintiff does not prove that, previously to bringing such action, he has presented all such appeals allowed by this Act, or by any other law for the time being in force, as within the aforesaid period of four months it was possible to present; or
&
Save in so far as may be expressly provided in any rule, regulation or order made under this Act, nothing in this Act shall apply in respect of any intoxicant, denatured spirituous preparations, hemp.1[mhowra flowers, molasses; rotten gur or ammonium chloride] which are the property and in the possession of the Government.]
________________________
1. These words were substituted for the words "Mhowra flowers or molasses" by Guj. 9 of 1978, s. 18.
For removal of doubts it is hereby declared that nothing in this Act shall be deemed to apply to any intoxicant or other article in respect of its import or export across the customs frontiers.1* * * *
________________________
1. The words "as defined by the Dominion Government" were deleted by Bom. 26 of 1952, s. 53.
(1) The enactments specified in Schedule-I are hereby repealed to the extent specified in the fourth column thereof and those specified in Schedule II are hereby amended to the extent specified in the fourth column thereof.
(2) But nothing in this Act, or any repeal or amendment made thereby shall effect or be deemed to affect--
(i) any right, title, obligation or liability already acquired, accrued or incurred before the commencement of this Act;
(ii) any legal proceeding or remedy in respect of any right, title, interest, obligation or liability or anything done or suffered before the commencement of this Act and any such proceeding shall be continued and disposed of, as if this Act was not passed;
(iii) the levy of any duties under section 29A of
1[149. Further repeals and savings consequent on commencement of Bom. XXV of 1949 in other areas of State--
2[*] On the commencement of this Act in any area of the State to which it is extended by the Bombay Prohibition (Extension an Amendment) Act, 1959, the Acts mentioned in Schedule III and in force in that area, shall, to the extent specified in the fourth column thereof, stand repealed :
Provided that such repeal shall not affect--
(a) the previous operation of any Acts so repealed or anything duly done or suffered thereunder, or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under any Acts so repealed, or
(c) any penalty, forfeiture or punishment incurred in respect
SCHEDULE I-A
[Deleted]
1* * *
_____________________
1. Schedule I-A was omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
SCHEDULE I
(See section 148)
Year
No.
Short title
?Extent of repeal
1
2
3
4
1* * * * * *
1878. V The Bombay Abkari Act, 1878. All the provisions except section 29-A
1947. XXX The Bombay Molasses Act, 1947. The whole.
_____________________
1. This item was deleted by Bom. 12 of 1959, s. 19 (2).<
SCHEDULE II
(See section 148)
Year
No.
Short title
Extent of Amendments
1
2
3
4
1890.
IV
The Bombay District Police Act, 1890.
1. Section 46 --
(a) in s
1[SCHEDULE III]
(See section 149)
Year
No.
Short title
Extent of Repeal
1
2
3
4
1878.
I
The Opium Act, 1878 in its application to the State of Bombay.
The whole.
1915.
II
The Central Provinces and Berar
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