ANDHRA PRADESH (TELANGANA AREA) ABKARI ACT, 1316 F

1316 F

first day of Khurdad, 1316 F

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S.Chapter I PRELIMINARY AND DEFINITIONS

S.1 Short title, extent and commencement

This Act may be called 1[the Andhra Pradesh (Telangana Area) Abkari Act, 1316 F.]; and it shall come into force in 2[Telangana area of the State of Andhra Pradesh] on the first day of Khurdad, 1316 F.

1. Substituted for the original short title by A.P. Act IX of 1961.

2. The words "Hyderabad area of the State of Andhra Pradesh" were subs for the words "Mumalik- i - Mahroosa- i - Sarkar-i-Aali" (H.E.H. the Nizam's Dominions) by the A.P. A.O. 1957 and these words were Substituted for the words "Hyderabad area of the State of Andhra Pradesh" by A.P. Act IX of 1961.

S.2 Definitions

In this Act, unless there is anything repugnant in the subject or context:--

• Abkari revenue: 1[(1) "Abkari revenue" means revenue derived or derivable from any duty, fee, tax, fine or confiscation imposed or ordered under the provisions of this Act, or of any other law for the time being in force relating to liquor].
• Abkari officer: 2[(2) "Abkari Officer" means the Commissioner of Abkari, a 5[Collector] of a district or any other officer or such person as may have been appointed for the purposes of this Act under section 3 or vested with any power].
• Excise commissioner: 1[(2-A) "Excise Commissioner" means the officer appointed by Government as such under sub-clause (a) of clause (1) of section 3.
• Collector: (3) "Collector" means a Collector of land revenue or any person appointed under section 3 to exercise all the powers and to perform all the duties of a Collector under thi
  

S.3 Power of the Government

For the purposes of this Act and the administration of Abkari, the 1[Government] may--

• (1) (a) appoint an officer to be called the Commissioner of Abkari who shall, under the control and subject to the orders, of the Government, be deemed to be the Chief Officer for all matters pertaining to the Abkari revenue and may exercise all powers under this Act or such other powers as are conferred on the Commissioner of Abkari by virtue of any other law and he shall, in like manner, discharge all the duties entrusted to him and in so far as it is not contrary to the intention and purposes of this Act shall have such powers of inspection and control of the work of, issuing instructions to, and hearing appeal against the orders of his subordinate officers, as may from time to time be conferred by the Government. So many Assistants shall be appointed under the Commissioner of Abkari as may be sanctioned, from time to time, by the Government and the appointment of every such Assis
  

S.Chapter II POWERS OF [GOVERNMENT]

S.3A Power of Commissioner of Abkari

Subject to orders of the Government made from time to time in this behalf, the Commissioner of Abkari shall also have the same powers to confer powers on, or entrust duties to any Government servant in any department or any other person under this Act which the Government have under section 3 clause (1) (d). And the Commissioner of Abkari may with the sanction of the Government delegate wholly or partially the powers vested in him under this section to any 1[Collector] or more than one 1[Collector] and may after delegation, revoke them at any time:

Provided that in case of emergency the Commissioner of Abkari may delegate powers in anticipation of the Government sanction.]

1. As Amended by Act No. XXIII of 1953.

S.4 Power to grant lease

Subject to such conditions as may deem fit, the 1[Government] may grant, for a fixed period to any person at any place,

• (1) a lease jointly or severally for the supply, manufacture or sale of any inebriating 2[* * * ] or mohwa flower.

Explanation:-- A lease shall pot take effect until the 3[Collector] or any other competent officer has issued a licence 1[in the prescribed form.]

• (2) The 1[Government] may confer on any officer the power mentioned in sub-section (1).

1. As Amended by Act No. 1 of 1343 F.

2. The words "Ya munashi shai" (or intoxicating during) were omitted by the A.P. A.O. 1957.

3. As Substituted by Act No. XXIII of 1953.

S.4A Establishment of distilleries and warehouses

1[The Excise Commissioner may with the previous sanction of the Government,

• (a) establish a public distillery in which any kind of liquor may be manufactured under a licence granted under section 15 on such conditions as the Government deems fit to impose;
• (b) discontinue any public distillery so established;
• (c) license at on in connection with any licensed distillery or elsewhere a private warehouse wherein liquor may be deposited and kept without payment of duty;
• 1[(d) establish a public warehouse wherein liquor may be deposited and kept without payment of duty; and
• (e) discontinue any public warehouse so established.

Explanation:-- Public warehouse shall be for the general accommodation of persons desiring to warehouse liquor subject to duty pending removal for local consumption or for export.

1. As Substituted by Act No. XXIII of 1953.

S.4B Power of Government to exempt any articles or any area from the operation of this Act

The Government may, by notification in the 1[Official Gazette] and subject to such conditions as it may think fit to prescribe] exempt any liquor or gulmohwa either wholly or partially from all or any provisions of this Act, either generally or in any specified area or for any specified period or occasion or as regards any specified person or class of persons.]

1. Substituted for the word "Jarida" by the A.P. A.O. 1957.

S.5 Power to fix duty

The 1[Government may fix duty in the following cases:--

• (1) import and export under section 8;
• (2) transport under section 9;
• (3) matters mentioned in section 10;
• (4) sale under section 12.

1. As Amended by Act No. 1 of 1343 F.

S.6 Licensee may issue permits for transport

1[Where a contract for selling sendhi at a particular place and for a specified time is granted under section 4 to any person, Government, may by notification in the 2[Official Gazette] declare that such a grantee shall be competent to issue for transport of sendhi in such quantity and subject to such conditions and restrictions as may be prescribed by the Government in this behalf and a licence so issued shall have the same effect as that granted by the Collector or any lawful authority under section 15.

1. As Substituted by Act No. XXIII of 1953.

2. Substituted for the word "Jarida" by the A.P. A.O. 1957.

3. As Amended by Act No. 1 of 1343 F.

S.7 Procedure for the recovery of Excise dues and connected dues

• 1[(1) All duties, taxes, fines, fees and other moneys payable to Government under my of the provisions of this Act or of any licence or permit issued under it, and all amounts due to Government by any grantee of a privilege or by any licensee under this Act or by any person on account of any contract relating to the excise revenue may be recovered from the lessee or his surety or every such person who may have occupied the business relating to such lease to the extent of the amount due from him to the lessee in respect of the period of occupation of such person as if they were arrears of land revenue.
• (2) In case of default of payment of Abkari revenue by the lessee, the Government may also proceed to make its own arrangements or resell by cancelling the existing lease of such defaulter and recover the loss in revenue in the manner prescribed in sub-section (1).]

1. As Substituted by Act No. XXIII of 1953.

S.Chapter III IMPORT, EXPORT, TRANSPORT, POSSESSION, MANUFACTURE AND SALE

S.8 Prohibition of import and export of liquor or mohwa flowers

1[No person shall import or export any liquor, sendhi or mohwa flowers without the permission of Government or of any competent officer or without payment of duty leviable thereon.]

1. As Substituted by Act No. XXIII of 1953.

S.9 Prohibition of transport of liquor or mohwa flowers

1[No person shall transport any liquor, sendhi, mohwa flowers in excess of the quantity fixed by Government or by any competent authority without obtaining a licence therefor under section 15.]

1. As Substituted by Act No. XXIII of 1953.

S.10 Matters prohibited without obtaining licence

No person shall without obtaining a licence mentioned in section 15-

• (I) 1[manufacture liquor;] or
• (II) collect substances from which liquor is manufactured; or
• (III) keep a brewery of distilled liquor or a distillery of fermented liquor; or
• (IV) establish a Warehouse of the 2[* * *] mohwa flowers; or
• (V) tap 3[Abkari tree] or draw sendhi therefrom; or
• 4(VI) keep, or have in possession and use any materials, utensil, still, for implements and apparatus of whatsoever for the purpose of manufacturing or causing to manufacture thereby distilled liquor 5[* * * ]:

6[Provided that the Government may, by notification in the 7[Official Gazette] direct that in any local area it shall not be necessary to take out licence for the manufacture of liquor for bona fide home consumption.]

1. As amended by Act No. IV of 1333 F.

2. The words "ashya-i-munashi Ya" (intoxicating drugs or were omitted by the A.P. A.O.

S.10A Prohibition of cutting down or destroying Govt. Abkari tree

• 1[(1) No person shall, without the permission of a Collector or such officer as may have been empowered by the Government in this behalf, cut down or destory any Government Abkari tree. Such permission may be given subject to the conditions and on payment of a fee prescribed from time to time by the Government.]
• 2[(2) In regard to cutting down or destroying Abkari trees other than those owned by the Government the provisions contained in section 46-A of 3[the Andhra Pradesh (Telangana Area) land Revenue Act, 1317 F (Act VIII of 1317 F.)] shall apply.]

1. Amended by Act No. 1 of 1343 F.

2. As Substituted by Act No. XXIII of 1953.

3. Substituted for the original short title by A.P. Act IX of 1961.

S.11 Prohibition of keeping liquor, etc., in possession

1[Subject to such exceptions as may, from time to time, be notified by Government in the 2[Official Gazette] either for 3[the whole of the area to which this Act extends] or any part thereof, no person shall be entitled to keep in his possession any quantity of liquor or sendhi without obtaining a licence mentioned in section 15].

1. As Substituted by Act No. XXIII of 1953.

2. Substituted for the word "Jarida" by the A.P.A.O., 1957.

3. Substituted for the words "the whole state" by A.P. A.O. 1957.

S.12 Prohibition to sell liquor, etc

No person shall be entitled to sell any kind of liquor, sendhi 1[* * *] or mohwa flowers without obtaining a licence mentioned in section 15.

1. The words "Ya munashi shai" (or intoxicating drug) were omitted by the A.P. A. O. 1957.

S.13 Mode of recovering duty

Duty shall be assessed and recovered in the following manner:--

• (a) on liquor, according to its quantity or strength, before it goes out from the brewery, distillery or warehouse;
• 1[(b) on sendhi by a tax on each tree from which sendhi is drawn to be paid in a lumpsum or in such installments and for such period as may be prescribed, or according to its quantity before it is imported, exported or transported].
• (c) on mohwa flower, according to its quantity, before the importation and exportation or transportation;
• 2[(d) ****]--
• (e) in respect of licence for manufacture, sale, or on any other permit mentioned in this Act, in accordance with the rules made under section 3 before the grant of the licence or by installments;
• (f) in respect of Abkari lease, according to the agreement arrived at between the lessee and the 3[Government];
• (g) in any other manner prescribed in accordance with the rules made under section 3.

S.13A Tax for tapping unlicensed trees from whom leviable

1[When sendhi yielding Abkari trees are tapped without licence, the tax due shall be recoverable where practicable from the tapper or if it cannot be so recovered from the occupier, if any, of the land or if the trees do not belong to the occupier of the land or if the land is not occupied, from the person, if any, who owns or is in possession of the trees unless he prows that the trees were tapped without his knowledge.

1. As Substituted by Act No. XXIII of 1953.

S.13B Section 13B

• (1) The owner or any person entitled to the proprietary rights over trees yielding sendhi shall not interfere in the tapping of such trees unless he shall have expressed in writing to the Collector or any other officer empowered in this behalf within the period prescribed and notified by the Excise Commissioner to the effect that he is unwilling to have such trees tapped.
• (2) The owner's fee in respect of trees tapped shall be deposited in the Government Treasury and paid to the owner or any other pen on entitled to it in the manner as may be prescribed and notified by Government].

S.14 Lessee not to declare any person to be his partner

1[No lessee shall, except with the permission of Government, declare any person to be his partner; and such partner shall not be competent to act as such until he has obtained a licence to that effect from the Collector or any other competent officer].

1. As Substituted by Act No. XXIII of 1953.

S.Chapter IV POWERS AND DUTIES OF OFFICERS

S.15 Powers of Collector

Powers of 1[Collector]

• (1) The 1[Collector] or the other officer so empowered by the Government may grant a licence mentioned in this Act--
• (i) on payment of such duty or fee,
• (ii) for such period,
• (iii) subject to such conditions and containing such particulars, as the 2[Government] may prescribe.
• 1[(2) The person to Whom a licence under sub-section (1) has been granted shall be required to execute a counter part agreement in conformity with the tenor of his licence and to give such security for the performance of the agreement as the issuing authority may require].
• 3[(3) If Government are satisfied that it is necessary or expedient that restrictions should be imposed on the amount of any article, supplied for sale, to a person licensed under this Act to sell such article, Government may by notification in the 4[Official Gazette] impose such restrictions, and notwithstanding anything contained in the agreement un
  

S.16 When licence be suspended or cancelled

A licence may be suspended or cancelled by order of a 1[Collector] or 2[any other competent officer] in the following cases:--

• (1) If any prescribed fee or duty duly payable by the licensee is not paid;
• (2) If the person who got the licence or his servant or any person acting with his permission, express or implied, contravenes the conditions of the licence;
• 1[(3) If the licensee is convicted of any offence against this Act or of any of the offences under the Indian Penal Code, relating to property, coinage and stamps, or of any other cognizable and non-bailable offence];
• (4) If a lessee of the Abkari applies for the suspension or cancellation of the licence secured by him for any person.
• (5) if the suspension or cancellation of a licence is discretionary according to the conditions thereof.

1. As Substituted by Act No. XXIII of 1953.

2. As Amended by Act No. 1 of 1343 F.

S.17 Criminal Court may give order for search

When a Criminal Court upon information from an Abkari or Police employee, or from any other person,' has, after making necessary inquiries, reason to believe that any offence mentioned in section 31, 32 or 34 has been committed, it may, after recording the sworn statement of the informant, issue an order for the search of any article relating to the said offence.

S.18 Power to make search without search--warrant

2[If the Commissioner of Abkari or the 1[Collector] or any Abkari Officer not below the rank of a Sub-Inspector, or a Police officer, not below the rank of a Police Station-house officer has reason to believe that it is likely that there would be undue delay and the case would be spoiled in obtaining a search-warrant under the preceding section may, after recording the grounds of his belief at any suitable time by day or night, search any place or person, and may seize the article which he believes to be liable to confiscation under this Act, and release the person strongly suspected of having committed the said offence on producing a bond with or without sureties for appearance before a Court or competent officer.

1. As substituted by Act No. XXIII of 1953.

2. As Amended by Act No. 1 of 1343 F.

S.19 Power of arrest

If an Abkari, Police, Revenue or Customs officer or a licensee finds any person committing, in any public thoroughfare or open place, any offence mentioned in sections 31, 32 and 34 he may, without obtaining a warrant of arrest, arrest him, with the 1[liquor], or mohwa flowers in his possession at the time.

He may for the purposes of this section search any person, distillery, vessel, apparatus or means of transport which he may strongly suspect to contain the said articles.

Any person arrested under this section shall be released on his filing a bond, with or without security for appearance before a Court or competent officer.

1. As substituted by Act No. XXIII of 1953.

S.19A Liability of certain things to seizure

• 1[(1) Whenever an offence has been committed which is punishable under this Act, the excisable articles, material, still, utensil, implements or apparatus in respect of or by means of which such offence has been committed shall be liable to seizure.
• (2) Any excisable article lawfully imported, transported, manufactured held in possession of or sold along with or in addition to any excisable article liable to seizure under sub-section (1) and the receptacle, packages and covering in which any such excisable articles, material, still, utensil, implements or apparatus as aforesaid is or are found, and the other contents, if any, of the receptacle or packages in which the same is or are found, and the animals, carts, vessels, rafts, lorries or any other conveyances used in carrying the same, shall likewise be liable to seizure:

Provided that if the article seized is sendhi or wash which is liable to speedy and natural decay any Abkari officer not below the

S.20 Abkari officer may enter into place in occupation of licensee

Any Abkari officer not below the rank of a 1[Sub-Inspector] may, for purpose of inspection, enter any place occupied by a licensee:--

• (a) where 2[liquor] is manufactured or sendhi is drawn or liquor or 2[mohwa flowers] are stored at any time by day or night;
• (b) where the aforesaid articles are kept for sale at any time when it is ordinarily kept open.

1. As Amended by Act No. 1 of 1343 F.

2. Amended by Schedule to Act No. IV of 1333 F.

S.21 Arrest in order to ascertain name of accused

Where there is sufficient reason to believe that any person is guilty of any offence mentioned in this Act, and when he, on being questioned by an Abkari or Police officer, refuses to give his name and residence, or gives a false name and residence, he may be arrested in order that his true name and residence may be ascertained. If the name and residence of the person cannot be ascertained in twenty-four hours, he shall be produced in a Court of law.

S.22 Person or property to be produced before Collector

The person arrested or goods seized under this Act shall, in case a security is not produced, be forwarded within twenty-four hours and without unnecessary delay, to 1[Collector] or to the nearest competent officer together with the articles seized and statement of the search and arrest.

1. As Substituted by Act No. XXIII of 1953.

S.22A Release on furnishing bond

2[If in exercise of powers contained in sections 18 and 19, any officer arrests any person and also when any arrested person appears or is made to appear under section 22 before a 1[Collector] or other competent officer such officer shall release him if the person furnishes bond with or without security as specified in section 22-B for appearance before a competent officer or a Magistrate, as the case may be.

1. As Substituted by Act No. XXIII of 1953.

2. As Amended by Act No. 1 of 1343 F.

S.22B Arrested person to furnish bond with security for release

1[In order to obtain release under section 22-A the arrested person shall according to the direction of the officer competent for so releasing, furnish a bond of the amount he may determine not exceeding a reasonable limit, with one or more securities to the effect that he shall according to the terms contained in the bond appear before an officer or a Magistrate, as the case may be, and shall after appearance, unless otherwise ordered, continue to appear as directed.

But the officer admitting the bond may, in his discretion, waive the condition of the production of one or more securities in any case and the Government may prescribe the form in which and the place at which such form of bond shall, in view of the local conditions, be caused to be furnished].

1. As Amended by Act No. 1 of 1343 F.

S.22C Procedure to recover penalty in case of non-attendance

2[When the person released on bond fails to appear before a competent officer in accordance with the bond and the said officer is opinion that action should be taken to recover the penalty according to the terms contained in the bond and security from scuppers on or his surety, he shall forward the bond and security produced to the Magistrate having power to hear the charge alleged against the accused and on receipt of such bond and security the Magistrate shall, for the recovery of the prescribed penalty, take all the measures he can take in case of having admitted the bond and security from the accused for appearance in his own court according to the provisions of 1[the Code of Criminal Procedure, 1898 (Central Act 5 of 1898)].

1. As Substituted by Act No. XXIII of 1953.

2. As Amended by Act No. 1 of 1343 F.

S.23 Search, how made and bail, how admitted

1[The searches made and bails admitted under this Act shall be in accordance with the Code of Criminal Procedure 1898, and subject to the rules made by Government under clause (1) of sub-section (2) of section 3 of this Act].

1. As Substituted by Act No. XXIII of 1953.

S.24 Assistance to be rendered to Abkari officer

Every official of [the Police, Revenue and Customs Departments and every village official shall, at the request of any Abkari officer render him reasonable assistance for the operation of this Act, unless prevented by some reasonable excuse.

S.24A Offences to be reported by State Employees

1[Every officer employed under the Government other than an Abkari Officer, shall be bound to give immediate information to am Abkari Officer and every Abkari Officer shall be bound to give immediate information to his immediate official superior of all breaches of any of the provisions of this Act which may come to his knowledge and all such officers shall be bound to take all reasonable measures in their power to prevent the commission of any such breach which they may know or have reason to believe is about or likely to be committed].

1. As Substituted by Act No. XXIII of 1953.

S.25 Matters to be reported by landholder

• (1) Every landholder on receipt of information of the fact that a person unlawfully manufactures liquor 2[* * *] on any land occupied by him shall give notice of the same to the 1[Collector] or to the nearest competent officer without unnecessary delay.
• 1[(2) In case of illegal tapping of sendhi trees situated on land occupied by a pattadar, tenant or any other person, the provisions contained in section 37-A of 3[the Andhra Pradesh (Telangana Area) Land Revenue Act 1317 F. (Act VIII of 1317 F.) shall, so far as may be, having regard to the provisions of section 13-A apply].

1. As Substituted by Act No. XXIII of 1953.

2. The words " Ya Koi munashi shai" (or any intoxicating drug) were omitted by the A.P. A.O. 1957.

3. Substituted for the original short title by A.P. Act IX of 1961.

S.26 Power to hold preliminary enquiry

1[The Collector or any other Excise Officer, not below the rank of an Inspector, shall on any person being brought in custody or appearing before him on bail and on such person being accused of the breach of any provision of this Act, hold such enquiry as he may think necessary and shall either release such [person or forward him in custody to or admit him to bail to appear before the Criminal Court having jurisdiction to try the case:

Provided that if such inquiry is not commenced and completed on the day on which such person is arrested by or is brought or appears before such Abkari Officer, the said officer shall, if sufficient bail be tendered for the appearance of the person arrested, admit the said person to bail to appear on any subsequent day before himself or any other Abkari officer having jurisdiction to enquire into the case].

1. As Substituted by Act No. XXIII of 1953.

S.27 Power to issue summons

• 1[(1) The Collector or any other Excise Officer, not below the rank of an Inspector holding an enquiry under this Act may summon any person to appear before himself to give evidence in such enquiry or to produce any document relevant thereto, which may be in his possession or under his control.
• (2) The provisions of the Code of Criminal Procedure, 1898, shall so far as may be applied to such enquiry].

S.28 Procedure as to prisoners under trial

1[With regard to the custody of prisoners under trial and the production in court of witnesses for prosecution the provisions of the Code of Criminal Procedure, 1898, in respect thereof shall be complied with].

1. As Substituted by Act No. XXIII of 1953.

S.28A Report of Abkari Officer gives jurisdiction to Criminal Court

1[When an Abkari Officer not below the rank of an Inspector forwards in custody any person accused of an offence under this Act to the Criminal Court, having jurisdiction to try the case, or admits any such person to bail to appear before such Criminal Court, such officer shall forward to the Criminal Court within the period and in the form prescribed by Government in this behalf, a report setting forth the particulars of the name and residence of persons acquainted with circumstances of the case and such other particulars as Government may prescribe and shall also send to such Criminal Court any article which it may be necessary to produce before it. Upon receipt of such report the Criminal Court shall enquire into such offence and try the person accused thereof in like manner as if complaint had been made before it as prescribed in the Code of Criminal Procedure, 1898.

1. As Substituted by Act No. XXIII of 1953.

S.29 Who shall be placed in charge of property seized

Where any property seized under this Act is placed in charge of a Station-house Officer, he shall, pending order of a Court or competent officer, preserve the same in his custody, and shall at the request of the officer depositing the same, allow it or any part thereof to be taken away.

S.30 Power to close the shop for prevention of breach of peace

1[It shall be lawful for the Court or Collector in the Cities of Hyderabad and Secunderabad for the Commissioner of Police to direct with a view to prevent breach of the peace that any shop where liquor is sold shall be closed for a reasonable period].

1. As Substituted by Act No. XXIII of 1953.

S.Chapter V INQUIRIES INTO OFFENCES AND PUNISHMENT

S.31 Punishment for contravention of sections 8, 9, 10, 10-A (1), 11 or 12

1[Whoever contravenes any of the provisions of section 8, section 9, section 10, sub-section (1) of section 10-A, section 11 or section 12 of this Act shall, on conviction before a Magistrate, be punished for each such offence with fine which may extend to one thousand rupees and with imprisonment for a term which may extend to six months:

Provided that if a per son convicted of any one or more of the said offences is convicted on a subsequent occasion for any of the same offences, he shall be liable to be punished for each such offence with imprisonment for a term which may extend to one year and with fine which may extend to two thousand rupees].

1. As Substituted by Act No. XXIII of 1953.

S.32 Cheating in respect of liquor etc

• 1[(l) Whoever, being the holder of a licence for the sale or manufacture of liquor or sendhi under this Act--
• (a) mixes or permits to be mixed with liquor or sendhi sold or manufactured by him or any other person on his behalf--
• (i) any noxious drug prohibited under clause (a) of sub-section (2) of section 3; or
• (ii) any other ingredient likely to add to its actual or intoxicating quality or strength; or
• (b) with bad intent sells, keeps or exposes for sale, any State liquor as any Country liquor or foreign liquor or liquor of superior kind or strength, shall, on conviction before Magistrate, be punished for the contravention of sub-clause (i) of clause (a) with fine which may extend to five hundred rupees and with imprisonment for a term which may extend to three months and, for the contravention of sub-clause (ii) of clause (a) or clause (b), with fine which may extend to five hundred rupees or with imprisonment for a term
  

S.33 Responsibility of licensee and punishment therefor

• 1[(1) A licensee who--
• (i) does not, without sufficient cause, produce his licence when demanded by any Abkari or other competent officer; or
• (ii) acts in contravention of the conditions of the licence; or
• (iii) willfully contravenes any rule made under section 3;

shall be punishable with fine upto two hundred rupees or with imprisonment for three months, or with both].

• 2[(2) Whenever any person, being a licence holder or his servant acting on his behalf, keeps open any toddy, sendhi or liquor shop within the limits of the city of Hyderabad beyond the prescribed hours in contravention of the conditions of clause (ii) of sub-section (1), any Police officer, not below the rank of a Head Constable, and any officer, not below the rank of a Sub-Inspector, may hold a panchnama on the spot and obtain from him a bond with or without sureties for appearance before the 3[Collector] or some other competent Abkari officer. On the appe
  

S.34 Punishment for possession of illicit liquor

1[Whoever purchases or keeps in his possession any liquor which he knows to be illegally imported or transported or illicitly distilled shall be punished with imprisonment for a term which may extend to six months and shall also be liable to a fine to the extent of one thousand rupees].

1. Substituted by Act No. XIV of 1955.

S.34A Punishment for rendering or attempting to render denatured spirit fit for human consumption

• 1[(1) Whoever renders or attempts to render fit for human consumption any spirit which has been denatured or has in his possession any spirit in respect of which he knows or has reason to believe that any such attempt has been made, shall on conviction, before a Criminal Court be punished with imprisonment for a term which may extend to three months or with fine which may extend to Rs. 1,000 or with both.
• (2) For the purposes of this section it shall be presumed, unless and until the contrary is proved, that any spirit which is proved on chemical analysis to contain any quantity of the prescribed denaturants, is or contains or has been derived from denatured spirit].

1. As Substituted by Act No. XXIII of 1953.

S.35 Punishment of officers acting in contravention of this Act

1[Any officer or other employee of Government, who exercising powers under this Act--

• (a) unlawfully releases or allows to escape after arrest any person accused of having contravened any of the provisions of this Act; or
• (b) unlawfully releases any article seized or confiscated under the provisions of this Act; or
• (c) intentionally acts in the discharge of his duties in such a manner as to cause any breach of the provisions of this Act; or
• (d) intentionally omits to do any act which he is bound to do by virtue of his office so as to adversely affect the Abkari revenues; or
• (e) without reasonable ground of suspicion enters or searches or causes to be searched any closed place; or
• (f) vexatiously and unnecessarily detains, searches or arrests any person; or
• (g) vexatiously and unnecessarily seizes property of any person on the pretence of lawfully seizing it under this Act; or
• (h) in any other way vexatiousl
  

S.36 Punishment for abetment of offences against the Act

• 1[(1) Any person who unlawfully releases (and is not liable under section 35) or attempts to release, any article seized or confiscated under this Act on abets the escape of any person arrested under this Act or abets the commission of any offence against this Act, shall on conviction before a Criminal Court be punished with fine to the extent of half of the maximum amount prescribed for the offence so abetted or with imprisonment for a term extending to half of the term prescribed for the offence so abetted or with both.
• (2) Whoever, intentionally prevents or tries to prevent any officer from the discharge of his lawful duties shall, on conviction before a Criminal Court, be punished with fine which may extend to Rs. 500 or with imprisonment which may extend to 6 months, or with both]

1. As Substituted by Act No. XXIII of 1953.

S.37 Omitted

1[Omitted]

1. Omitted by Act No. XXIII of 1953.

S.37A Punishment for offences not otherwise provided for in the Act or Rules

1[Whoever is guilty of an act or intentional omission in contravention of any of the provisions of this Act, or of any rule or order made thereunder and not otherwise provided for in this Act, shall be punished for each such act or omission with fine which may extend to Rs. 500.]

1. Substituted by ibid.

S.38 Presumption as to commission of offences in certain cases

• 1[(1) In prosecutions under sections 31, 34 and 34-A, it shall be presumed until the contrary is proved that the accused person has committed an offence punishable under that section in respect of--
• (a) any liquor, or sendhi, or
• (b) the timber of any felled tree of any kinds specified in clause (17) of section 2, or
• (c) any still utensil, implements or apparatus, whatsoever for the manufacture of any liquor or for the rendering of denatured spirit fit for human consumption, or
• (d) any materials which have undergone any process towards the manufacture of any liquor or from which any liquor has been manufactured, or
• (e) any denatured spirit which has undergone any process towards rendering it unfit for human consumption or which has been rendered fit for human consumption,

for the possession of which, he is unable to account satisfactorily.

• (2) The holder of licence or permit under this Act shall be punisha
  

S.39 Order in respect of articles

• 1[(1) Where an offence punishable under this Act is proved to have been committed, the liquor, 2[sendhi,] mohwa flowers, still, utensils, implements or apparatus in respect or by means of which an offence has been committed shall be liable to confiscation by order of the Court.
• (2) Any receptacle, package or covering in which any of the articles liable to confiscation under sub-section (1) is found and the other 1 contents, if any, of such receptable, package or covering and the animals, carts, vessels, lorries or other conveyances used in carrying any such article shall likewise be liable to confiscation by order of the Court:

Provided that no such animal, cart, vessel, lorry or other conveyance shall be confiscated if the owner thereof satisfies the court that he has exercised due care in preventing the commission of the offence.

• (3) If any article mentioned in sub-section (1) or sub-section (2) is found but the commission of any offence
  

S.40 Procedure for trials

1[The trial of offences under this Act shall be conducted in a Criminal Court in accordance with the provisions of the Code of Criminal Procedure, 1898.]

1. Substituted by Act No. XXIII of 1953.

S.41 Bar of action

• (1) No action for damages snail be entertained by a Civil Court against 1[Government] or against any Abkari officer for any act done or ordered to be done in good faith and in accordance with this Act.
• (2) All actions against any Abkari officer and all actions which may be lawfully brought against 1[Government] or against any Abkari officer on account of any act or thing alleged to have been done in accordance with this Act, shall not be entertained after six months from the date of doing the act or the thing.
• (3) If, in a suit for compensation for damages it is proved that adequate compensation was being tendered before the institution of the suit, it shall be lawful for the court in its judgment to disallow costs to the plaintiff and lay on him the costs of the defendant.

1. As Amended by Act No. 1 of 1343 F.

S.41A Power to compound offences

1[Any Abkari officer specially empowered by Government in this behalf may accept from any person whose licence, permit or pass is liable to be cancelled, or suspended under clauses (1) or (2) of section 16, or who is reasonably suspected of having committed an offence under sections 31, 32, 32-A, 33, 34, or 34-A a sum of money in lieu of such cancellation or suspension, or by way of composition for the offence which may have been committed; and in all cases whatsoever in which any property other than toddy, sendhi or liquor has been seized under this Act, may release the same on payment of the value thereof as estimated by such officer:

Provided that where a person who is reasonably suspected of having committed an offence under section 31 or 34 is not the holder of a licence, permit or pass granted under this Act, or a person in the employ of such holder, or a person acting with his express or implied permission on his behalf, the sum of money which may be accepted from suc

S.Chapter VI MISCELLANEOUS

S.42 Duties of licensee

The person who manufactures or sells liquor having obtained a licence under his Act, shall keep, at the place of manufacture or sale, such measure for selling the liquor and such instrument for testing the strength of the same as are prescribed by 1[Government].

1. Substituted by Act No. XXIII of 1953.

S.43 Procedure for collection of Abkari arrears due to lessees

1[The lessee may within one year cause all amounts due to him to be realised through the Collector in the manner and subject to such conditions as may be prescribed in this behalf, as if they were arrears of land revenue, from every such person who may have occupied the business relating to the lease to the extent of the period of his occupation:

Provided that--

• (a) the lessee has paid all amounts due from him to Government; and
• (b) such person has occupied the business on the basis of a written agreement between him and the lessee and such agreement is produced and proved to have been attested in the prescribed manner before Collector or such other officer as may be authorised by Government in this behalf.]

1. Substituted by act no. XXIII of 1953.

S.44 Effect of provision of this Act on lease containing any condition contrary to intention of this Act

Where a lease granted by 1[Government] on receiving of Nazrana and duly certified, contains any condition the intention of which is contrary to any provision of this Act, such provision of this Act shall not affect it.

1. As amended by act no. 1 of 1343F.

S.45 Omitted

1[Omitted]

1. Omitted by ibid.