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BOMBAY PROHIBITION ACT, 1949
(1) This Act may be cited as the Bombay Prohibition Act, 1949.
(2) It extends to the whole of the State of Gujarat.
(3) It shall come into force in the area comprising the pre-Reorganisation State of Bombay or such date as the State Government may by notification in the Official Gazette specify. In those areas 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:
(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 Prohibition (Extension and Amendment) Act, 1959, (Bom. XII of 1959) all rules, regulations, order and notifications made or issued or deeme
In this Act, unless there is anything repugnant in the subject or context,- (1) "authorization" means an authorization granted under section 45 or 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 not; bottling includes re-bottling;
(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 as the Director of Prohibition and Excise under section 3, and includes any officer on whom the State
Section 2 of the Bombay Prohibition Act, 1949, provides definitions crucial for interpreting the Act’s provisions related to prohibition of intoxicating substances. It lays down the meanings of key terms used throughout the legislation, thereby shaping the scope and application of the law.
Section 2 of the Bombay Prohibition Act, 1949, contains definitions of various terms such as "liquor," "rotten gur," "license," and other relevant expressions. These definitions clarify the scope of prohibited substances and the legal framework for licensing and enforcement under the Act.
While Section 2 itself primarily deals with definitions, violations of the provisions based on these definitions attract penalties under other sections of the Act, such as fines, imprisonment, or detention. For example, unauthorized possession of "rotten gur" or illegal manufacture can lead to criminal prosecution and penalties.
Note: The references are based on the provided sources, emphasizing the importance of Section 2 in framing the legal scope and enforcement of the Bombay Prohibition Act, 1949.
The State Government may, by notification in the Official Gazette appoint an officer to be called the Director of Prohibition and Excise who subject to the control of the State Government and subject to such general or special orders as the 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: 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, (Bom. XII of 1959), shall be the Director of Prohibition and Excise for the State and shall hold that office until the State Government otherwise directs; and accordingly any reference by whatever form of words to "the Director of Excise and
(1) The Collectors shall, within the limits of their jurisdiction 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 Collectors including the Collector of Bombay shall be subordinate to the Director.
(3) The State Government may, by notification in the Official Gazette, appoint any person other than the Collector 5to exercise in any district or place 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 the Director and of the State Government as the State Government may from time to time direct.
To aid the Director and the Collectors in carrying out the provisions of this Act, the 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.
(1) The State Government may invest any officer of the Police department or any officer 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) The State Government may also invest any person with such powers, impose on 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. Such persons may be given such designations as the State Government may deem fit.
(1) 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, 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 than five in number, with such qualifications as may be prescribed. The members so appointed shall hold office during the pleasure of the State Government.
(3) Three members shall form a quorum for the disposal of the business of the Boa
(1) The State Government may appoint other boards and committees to advise and assist officers in carrying out the provisions of this Act.
(2) Such other boards and committees shall perform such functions as may be prescribed.
(3) The constitution of such other boards and committees and the procedure regarding their work shall be as may be prescribed.
(4) The State Government may direct that the members of such other boards and committees shall be paid such fees and allowances as may be prescribed,
(1) The State Government may constitute one or more medical boards or panels thereof for such areas and consisting of such members as it may deem fit.
(2) A medical board or a panel thereof so constituted shall perform such functions as are prescribed.
(3) The procedure regarding the work of the medical board or a panel thereof shall be as may be prescribed.
(4) The members of the medical board or a panel thereof shall be entitled to such fees and allowances as may be prescribed.
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 the State Government be subordinate to and under the control of the Director and shall be bound to follow such orders as the Director may, from time to time make.
(1) The State Government may delegate any of the powers exercisable by it under this Act to the Director or such other officer as it deems fit.
(2) Subject to the control and direction of the State Government the powers conferred on the Director or any other officer appointed or invested with powers under this Act may be delegated by him to any of his subordinates.
Notwithstanding anything contained in the following provisions of this Chapter, it shall be lawful to import, export, transport, manufacture, bottle, sell, buy, possess, use or consume any intoxicant or hemp or to cultivate or collect hemp or to tap any toddy producing tree or permit such tree to be tapped or to draw toddy from such tree or permit toddy to be drawn therefrom in the manner and to the extent provided by the provisions of this Act or any rules, regulations or orders made or in accordance with the terms and condition of a licence, permit, pass or authorization granted thereunder.
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; 522
(b) cultivate or collect the hemp ||
(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.
No person shall- (a) import, export, transport of 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.
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 intoxicant to any person who is a minor, whether for consumption by such person or by other person and whether for consumption on or off the permises of such licensed vendor.
Deleted by Bom. 22 of 1960, s. 10.
No person shall-
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 or in any other way whatsoever; or
(b) have in his possession any denatured spirit in respect of which he knowns or has reason to believe that such alteration or attempt has been made.
-No person shall- (a) alter or attempt to alter any denatured spirituous preparation by dilution 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.
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.
Prohibition of issuing prescriptions for intoxicating liquor except by registered medical practitioners
(1) No person other than a 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, and shal
No person shall- (a) solicit the use of, or offer, any intoxicant or hemp; or
(b)
(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.
(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) which 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 speci
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.
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."
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) 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 that such article corresponds with the description and limitations mentioned in section 59A:
Provided further that the purchase, possession or use of any liquor or alcohol for the manufacture of any such article shall not be made or had except
The 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.
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 the State Government deems fit to impose;
(b) discontinue any distillery established:
(c) license, on such conditions as the State Government deems fit to impose the construction and working of a distillery or brewery;
(d) establish or license 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.
No if intoxicant, hemp, mhowra flowers or molasses shall be removed from any distillery, warehouse or other place of storage establisded 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.
(1) The 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 any intoxicant or hemp.
(2) Such passes may be either general for definite periods of time and definite kinds of intoxicant or hemp or special for specified occasions and particular consignments only.
(3) Every such pass shall specify-
(a) the name of the person authorized to import, export or transport intoxicant or hemp;
(b) the period for which the pass is to be in force;
(c) the quantity and description of intoxicant or hemp for which it is granted; and
(d) the places from and to which intoxicant or hem
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, mhowra filowers or molasses, otherwise than by way of consignment, shall be subject to such conditions as may be prescribed.
Deleted by Bom. 22 of 1960, s. 15.
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 puspose, 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. Provided further that, no licence shall be necessary for the possession of denatured spirit to the extent of such quantity as may be prescribed.
The State Government may, by rules or an order in writing, authorize an officer to grant licences for the purchase, possession of use of any liquor or alcohol, for the manufacture of any article mentioned in section 24A on such conditions as may be prescribed.
The State Government may authorize an officer by rules or an order in writing to grant licences for the tapping of, and drawing juice from any palm trees, for the purpose of sale or consumption as neera or manufacture of gur or any other article which is not an intoxicant 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.
The 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 any foreign liquor.
(1) The State Government may by rules or an order in writing, authorize an officer to grant a vendor's licence for 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 godown approved by Government;
(iii) the licensee shall pay all rent, costs, charges and expenses incidential to waerehousing and supervision;
(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 State, subject to such conditions as the Director may impose;
&
(1) The 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 this Act:
Provided that the State Government is satisfied that such hotel has ordinarily a sufficient number of boraders eligible to hold permits.
(2) Such licences shall be issued on the following conditions:-
(i) liquor shall be soldto the permit holders 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 the excise establishm
Special import licences to hotels Deleted by Bom. 22 of 1960, s. 21.
Dining car licences. Deleted by Bom. 22 of 1960, s. 21.
- The State Government may, be rules or an order in writing authorize an officer to grant licences to any shipping company for each ship or to the Master of any ship to sell foreign liquor and to permit the use or consumption of foreign liquor on such ship on such conditions as may be prescribed
The State Government may, on such conditions as may be specified by a general or 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 canteens of the armed forces, and
(b) the crew of warships or troopships and the members of the armed forces thereon.
(1) The State Government may, by rules or an order in writing, authorize an officer to grant a temporary residents permits for the use or consumption of foreign liquor to person on the following conditions:-
(a) that such person is not a minor;
(b)
(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 in India:
Provided that, in the case of any person falling under sub-clause (i) or (ii)-
(a1) such person has been residing
(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.
(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 occasions :
Provided that the person to whom a permit is granted under this section may 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 :
Provtded further that no permit shall be granted to more than one member of a household at any one time.
(3) Such permits shall be granted for such quantities a
-The State Government may grant special permits for the use or consumption of foreign liquor 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 at such member is a national of a foreign Stated;6
(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; (XLVI of 1947) and
(d) the C
Permits to be non-transferable Deleted by Bom. 22 of 1960, s. 26.
(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 under section 40A shall allow the use or consumption of any part of the quantity held by him to any other person.
(3) A person 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 serve any liquor at any ceremonial or other function or any assembly of persons where persons (not being members of his family or his employe
(1) The State Government may, by rules or an order in writing grant or authorize an officer to grant licences to a club approved by the State Government in this behalf to sell foreign liquor to its members holding permits.
(2) Such licences shall be granted on the following conditions:-
(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 authorized in writing by any member who is the holder of a permit may stock the permitted quantity of liquor on account of such member;
(1) The 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 tenets of the community to which such person belongs.
(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.
(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 the Director. The Director after holding a summary inquiry 2shall decide whether or not the liquor is required by the
(1) The State Government may by rules, or an order in writing, authorise an officer to grant a 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 ordinarily for a period not exceeding one week at any one time; but m
(1) The State Government may, by rules or an order in writing authorize an officer to grant 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 tourists intended stay in the State, but shall in no case be granted for a period exceeding one month.
(3) Such permit shall be available at such places as may be fixed by the Director in this behalf.
(1) Notwithstanding anything contained in sections 40, 40A and 41 the State Government may, by rules or an order in writing, authorize an officer to grant interim permits to person applying for permits under any of the said provisions.
(2) Such interim permits shall not be granted for any period exceeding two months.
(1) The State Government may by rules or an order in writing Authorize an officer to grant permits for the consumption or use of intoxicating drugs or opium in such quantities as may be prescribed.
(2) Such permits shall be granted on the certificate of the Medical Board.
Permits granted under section 40, 40A, 40B, 41 46, 46A, 47 or 48 shall be non-transferable.
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 the State Government in this behalf of grant any licences, passes or permits for import, export, possession, sale, buying, cultivation, collection, manufacture, bottling consumption and use of any intoxicant, hemp, or mhowra flowers or molasses 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 provision of this Act.
All licences, permits passes, or authorizations, 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 authorization shall be granted only on the condition that the person applying undertakes, and in the opinion of the officer authorized to grant the licence, permit, pass or authorization is likely to abide by all the conditions of the licence, permit, pass or authorization and the provisions of this Act.
-Every person who manufactures or sells any 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 any 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.
- bailable offence or of any offence under the Dangerous Drugs Act, 1930, (II of 1930) or under the Drugs and Cosmetics Act, 1940 (XXIII of 1940) or under the Bombay Drugs (Control) Act, 1959 (Bom. XI of 1960) or under the Indian Merchandise Marks Act, 1889, (IV of 1889) or of any offence punishable under sections 482 to 489 (both inclusive) of the Indian Penal Code, (XLV of 1860), or of any offence punishable under section 112 of the Customs Act, 1962 (LII of 1962) for an act specified in clause (d) of section 111 of the said Act, including the abetment of the doing, or the omission, of such act (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 wh
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 sec. 54 nor to a refund of any fee or deposit made in respect thereof.
(1) Whenever the authority granting a licence, permit, pass or authorization considers that it should be cancelled for any cause other than those specified in section 54, he may cancel it either-
(a) on the expiration of not less than fifteen days' notice in writing of his intention to do so; or
(b) forthwith without notice, recording his reasons in writing for dying so.
(2) Where a licence, permit, pass or authorization is cancelled under sub-section (1), a part of the fee for the licence, permit, pass or authorization proportionate to the unexpired portion of the term 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.
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 licensee 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 authorization 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.
The State Government may by 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.
(1) Notwithstanding the fact that the period during which any licence, permit, pass or authorization is to be in force has not expired, the Director may direct the holder thereof to dispose of his stock of intoxicant, denatured spirituous preparation, or hemp or mhowra flowers before such date as may be specified in the order.
(1A) The Director may also direct the owner of the stock of any intoxicant, denatured spirituous 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, denatured spirituous preparation, hemp or mhowra flowers left undisposed of after the date so specified shall, together with receptacles or packages in whi
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) Whenever the Director has reason to believe that any of the articles mentioned in section 24A does not correspond with the description and limitations provided in section 59A, he shall cause an analysis of the said articles to be made and if upon such analysis the Director shall find the said article does not so that correspond, he shall give not less than 15 days' notice, in wiiting to the person who is the manufacturer thereof or is known or believed to have imported 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. (1-A) If such person fails to show to the satisfaction of the Director that the said article corresponds with the description and limitatio
and thereupon such manufacturer or person shall comply with such requisit during the said period.
(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 a 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 sell 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 59C, 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.
Control and regulation of transport, sale, etc. of mhowra flowers.- (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) 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 granted 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 the State Government may, by notification in the Offic
(1) Except as otherwise provided in sub-sections (2) and (3), no person shall export, import, transport, sell or have in his possession any quantity of molasses.
(2) The State Government may, by general or special order, authorise any Collector or any other officer to grant licences for the import, export, sale or possession of molasses.
(3) The State Government may also authorise any Collector or any other officer to grant permits for the transport of molasses.
The provisions of sections 53 to 59 (both inclusive) shall, so far as may be applicable, apply to licences or permits granted under section 61.
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.
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 rottou 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 licenee, 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 provision of this Act, or of any rule, regulation or order made or of any licence, pass, permit or authorization granted thereunder- (a) imports or exports any intoxicant (other than opium) or hemp,
(b) manufactures any intoxicant (other than opium),
(c) constructs or works any distillery or brewery,
(d) bottles liquor,
(e) sells or buys any intoxicant (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 intoxicant other than opium).
(g) cultivates or collects hemp. shall, on conviction, be punished for each such offen
Section 65 of the Bombay Prohibition Act, 1949, prescribes penalties for various illegal activities related to intoxicants, including import, export, transport, manufacture, sale, and possession contrary to the provisions of the Act. It forms a core part of the statutory scheme aimed at regulating and prohibiting the illicit handling of liquor and other intoxicants in the state of Maharashtra.
Section 65 sets out penalties for acts in contravention of the Act or rules made thereunder, including:- Importing, exporting, transporting, or manufacturing intoxicants or hemp illegally.- Selling or buying such intoxicants in contravention.- Possession or use of illicit intoxicants.- Attempting or abetting such acts.
The section prescribes minimum and maximum punishments, which, depending on the offence, may include imprisonment (ranging from six months to three years), fines, or both.
"Broad Criminalization" - Section 65 criminalizes a wide range of activities related to illicit intoxicants, covering import, export, transport, manufacture, sale, possession, and use - [Sources: "Bhugdomal Gangaram VS State Of Gujarat", "Bhugdomal Gangarams VS State of Gujarat"]
"Presumption of Knowledge" - The section often operates on the presumption that the accused knowingly committed the offence, especially in cases involving seizures and chemical analysis reports - [Sources: "Bhugdomal Gangaram VS State Of Gujarat", "Bhugdomal Gangarams VS State of Gujarat"]
"Minimum Penalty" - The law prescribes minimum imprisonment terms (e.g., six months for a first offence), emphasizing deterrence over discretion - [Sources: "", ""]
"Scope of Application" - It applies to both individual persons and entities, including companies, involved in illicit activities, as the term 'whoever' includes both - [Sources: "00400010618", "Bhugdomal Gangarams VS State of Gujarat"]
"Prohibition of Sale and Purchase" - Activities such as selling or buying illicit liquor are explicitly penalized, with courts emphasizing that mere possession or transportation does not automatically imply sale unless evidence supports it - [Sources: "Bhugdomal Gangaram VS State Of Gujarat", "Bhugdomal Gangarams VS State of Gujarat"]
"Evidence and Proof" - Convictions under Section 65 require substantive evidence such as seizure reports, chemical analysis, and witness testimonies; mere suspicion or circumstantial evidence is insufficient - [Sources: "Bhugdomal Gangaram VS State Of Gujarat", "Bhugdomal Gangarams VS State of Gujarat", "Amritlal Motilal Pathak VS State of Maharashtra"]
"Role of Chemical Analysis" - Reports from forensic labs confirming the presence of alcohol (ethyl alcohol) are crucial in establishing violations, especially for offences involving possession or transportation - [Sources: "Amritlal Motilal Pathak VS State of Maharashtra", "00400037584"]
"Legal Presumption" - The law provides for presumptions under certain sections (e.g., Section 103 of the Bombay Prohibition Act), which can shift the burden of proof onto the accused regarding possession or manufacturing - [Sources: "Bhugdomal Gangaram VS State Of Gujarat", "Bhugdomal Gangarams VS State of Gujarat"]
"Nature of Penalties" - The penalties serve both punitive and deterrent purposes, with courts emphasizing that the minimum sentences are mandatory unless exceptional circumstances are proved - [Sources: "", ""]
"Scope of Judicial Review" - Convictions under Section 65 are subject to judicial scrutiny, especially regarding the sufficiency of evidence, adherence to procedural norms, and the correctness of the analysis of chemical reports - [Sources: "Bhugdomal Gangaram VS State Of Gujarat", "Amritlal Motilal Pathak VS State of Maharashtra", "Bhugdomal Gangarams VS State of Gujarat"]
"Offences under Section 65" - The offences include illegal import, export, transport, manufacture, sale, possession, and use of intoxicants, with each activity attracting specific penalties depending on the severity and nature of the act - [Sources: "", ""]
"Differentiation from Other Offences" - The courts have clarified that possession or transport alone, without evidence of sale or transfer, may not attract the offence under Section 65(e), emphasizing the need for proof of sale or transfer - [Sources: "Bhugdomal Gangaram VS State Of Gujarat", "Bhugdomal Gangarams VS State of Gujarat"]
"Legal Interpretation of 'Intoxicant'" - The term 'intoxicant' includes alcohol, spirits, and other substances capable of causing intoxication, with courts interpreting the scope broadly to include unlicensed or illicitly manufactured liquor - [Sources: "00400037584", "Amritlal Motilal Pathak VS State of Maharashtra"]
"Legal Standards for Conviction" - Convictions require proof beyond reasonable doubt, with courts scrutinizing the legality of seizure, analysis, and procedural compliance, including the chain of custody and authenticity of reports - [Sources: "Bhugdomal Gangaram VS State Of Gujarat", "Amritlal Motilal Pathak VS State of Maharashtra"]
"Relevance of Prior Convictions" - Previous offences or proceedings, such as preventive actions or bail, are relevant but not conclusive; the court assesses the evidence on record for each case independently - [Sources: "Bhugdomal Gangaram VS State Of Gujarat", "Bhugdomal Gangarams VS State of Gujarat"]
"Legal Safeguards" - The law mandates adherence to procedural safeguards, including issuance of notices, opportunity for defence, and proper recording of evidence, failure of which can vitiate the conviction - [Sources: "Amritlal Motilal Pathak VS State of Maharashtra", "Bhugdomal Gangarams VS State of Gujarat"]
"Legal Challenges in Detention" - Detention orders based on offences under Section 65 can be challenged on grounds of non-application of mind, lack of evidence, or procedural lapses, as courts have quashed illegal detention orders in such contexts - [Sources: "Vinod Subhas Chavan VS Himmatrao Deshbhartar", "Magar Pansingh Pimple VS State of Maharashtra"]
"Impact of Judicial Precedents" - Courts have emphasized that mere seizure or chemical analysis is not sufficient for conviction; the prosecution must establish the act of sale, transfer, or possession with requisite intent and knowledge - [Sources: "Bhugdomal Gangaram VS State Of Gujarat", "Bhugdomal Gangarams VS State of Gujarat"]
"Legal Position on Repeated Offences" - Repeated violations under Section 65 can lead to enhanced penalties, and the law recognizes habitual offenders, but each case must be proved on its own merits - [Sources: "", ""]
Note: The above commentary synthesizes the legal understanding of Section 65 of the Bombay Prohibition Act, 1949, based on judicial decisions, statutory provisions, and legal interpretations from the provided sources. The focus is on the scope, essential ingredients, and judicial approach towards offences under this section.
(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-
(b) consumes, uses, possesses or transports any intoxicant (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, 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 at 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 th
(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 reason 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) In prosecutions under this section, it shall be presumed, until the contrary is proved, that the alteration or attempt to alter any denatured spirituous preparation was done with the intention that it may be us
-Whoever- (a) not being a registered medical practitioner issues a prescription for intoxicating liquor, 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. 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) Whoever in contravention of the provisions of section 59AA or, as the case may be, of section 59A (la) manufactures, imports or exports any article mentioned in section 24A, or (a) sells, use or disposes of any liquor otherwise than an ingredient of any article mentioned in section 24A, or (b) uses more alcohol 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 such article, or (c) knowingly sells any such article for being used as an intoxicating drink, or sells any such article under circumstances from which he might reasonably deduce the intention of the purchaser to use them for such purpose, shall on conviction, be punished with imprisonment for a term which may extend to one year or with fine or with both.
(2) No person who has been convict
(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 correspond to the description and limitations provided in section 59A, his licence for the purchase, use or possession of liquor or alcohol for the manufacture of such article shall be revoked.
(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.
Whoever,- 605 term which may extend to two years and with fine which may extend to two thousand rupees: (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 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, s
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, 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 reason 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 hundered rupees; (ii) for a second offence, such imprisonment shall not be less than nine months, and fine shall not be less than one thousand rupees; (iii) for a third or subsequent offences, such imprisonment shall not be less than one ye
Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made or licence, permit or pass granted thereunder, such imports, exports, co!lects, transports, sells, 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, 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 : Provided that in the absence of special and adequate reasons to t
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, sell 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.
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
Deleted by Bom. 26 of 1952, s. 33.
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.
Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made thereunder, prints, or 607 publishes in any newspapers, news-sheet, book, leaflet, booklet or any single or periodical publication or otherwise displays or distributes any advertisement or other matter- (a) which 2 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 to 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 fine which may extend to five hundred rupees or with both.
Whoever, in contravention of a notification issued under sub-section (3) of sec. 24, circulates, distributes or sells any newspapers, news-sheet, book, leaflet, booklet or other publication printed and published outside the State which contains any advertisement or matter,- (a) which 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 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 extend to one thousand rupees or with both.
Whoever, in contravention of the provisions of this Act or any rule, regulation or order made thereunder,- (a) solicits the use of or offers any intoxicant or hemp, or
(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. 75A, Penalty for contravention of provisions of section 43.-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 hav
-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 or to have it weighed, measured or tested, shall, on conviction, be punished for each such offence with fine which may extend to two hundred rupees.
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 shall, on conviction, be punished for each such offence with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees or with both.
Whoever, being the holder of a licence for the sale or manufacture of any intaxicant 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 to 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, (XLV of 1860), or
(b) sells or keeps or exposes for sale as foreign l
The holder of a licence, permit, pass or authorisation granted under this Act shall be responsible, as well as the actual offender, for any offence committed by any reason in his employ or acting with his express or implied permission on his behalf under the provisions of this 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, mohwra 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 flower or molasses, as the case may be, shall for the purposes of this 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 authorisation 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 that all due and reasonable precautions were exercised by him to prevent any such breach. (2) Any person who commits any such breach shall, whether he 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) 1to 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.
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 extent 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 there for the purpose of drinking.
(1) Whoever in any street of through fare or public place or in any place to which the public have or are permitted to have access- (i) for an offence under clause (1) 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: (1) is drunk and incapable of taking care of himself, or
(2) behaves in a disorderly manner under the influence of drink 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 sections 40, 41, 46 or 46A. shall, on conviction, be punished-
Provided that in the absence of a special and adequate reasons to the contrary to be mentioned in the judgment of the court, such imprisonment shall not be l
.-(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 month 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 judgment 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)has 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 a 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.
If a 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 he, 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.
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 wilful act or intentional omission in contravention of the provisions of this Act, or any rule, regulation, or order 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 a bond for a sum proportionate to his means with or without sureties to abstain 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 it were a bond to keep the peace ordered to be executed under section 106 of the said Code.
(3) In the conviction is set aside in appeal the bond so executed shall become void.
Deleted by Bom. 67 of 1953 s. 2.
(1) Whenever a Presidency Magistrate specially empowered by the State Government in this behalf in Greater Bombay, and elsewhere, a District Magistrate or Sub-Divisional Magistrate receive 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.
If any person in respect of whom a bonds is ordered to be executed under sections 91 and 93 is a minor, the bond shall be executed by his guardian.
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) vaxatiously and necessarily seizes the property of any person on the pretence of seizing or searching for anything liable to confiscation under this Act; or
(c) vaxatiously and unnecessarily detains, searches or arrests any person, or
(d) in any other way maliciously exceeds or abuses his lawfull 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.
,-Any officer or person exercising powers under this Act who vexatiously and unnecessarily delays forwarding to a Magistrate or to the officer in charge 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.
Any officer or person exercising power under this Act, who- (a) unlawfully release any person arrested under this Act, or
(b) abets the escape of any person arrested under this Act, or
(c) abets the commission of any offence against this Act, and any other officer of the 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.
(1) Whenever any offence punishable under this Act has been committed,
(a) any intoxicant, hemp, mhowra flowers, molasses, materials still, untensil, implement or apparatus in respect of which the offence has been commitied,
(b) where in the case 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 mollases, in contravention of the provisions of this Act, rule, regulation or order or in breach
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 oifence 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 Director, Collector or any other officer authorized by the 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 the person, if any, claiming any right thereto and the evidence, if any, which he produces in support of his claim.
If the thing in question is liable to speedy and natural decay, or if the Director, Collector, Court or the officer authorized by the State Government in this behalf is of opinion that the sale would be for the benefit of the owner, the Director, Collector, Court or the officer may at any time direct it to be sold and the provisions of section 99 or 100 shall apply so for as may be to the net proceeds of the sale: 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) Where any newspaper, news-sheet, book, leaflet, booklet or other publication wherever printed or published appears to the State Government to contain any advertisement or matter soliciting the use of, or, offering any intoxicant or hemp, the 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 the State or outside to be forfeited to the State Government and thereupon any Police Officer may seize the same wherever found in the 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 newspaper, news-sheet, book, leaflet, booklet or other publication may be or may be reasonably suspected to be. Every warrant issued under this section shall be executed in
(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 has committed an 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 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.
(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 of occupier having the care, mana
Deleted by Bom. 12 of 1959, s. 12.
(1)The State Government may sanction the acceptance from any person whose licence, permit, pass or authorization is liable to be cancelled or suspended under the provisions of this Act or who is reasonably suspected of having committed an offence under section 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 the State Government or such officer as the State Government may authorize in this behalf: Provided that where a person who is reasonably suspected of having committed an offence under section 69, 70 or 108 is not the holder of a licence, permit, pass or authorization granted
Nothing in the Bombay Probation of Offenders Act, 1938, (Bom. XIX of 1938), or any law corresponding to that Act in force in any part of the State or in the Probation of Offenders Act, 1958, (XX of 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.
(1) An excise duty or countervailing duty, as the case may be, at such rate or rates as the 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 or hemp, (c) opium, (d) any other excisable article, when imported, exported, transported, possessed, manufactured or sold in or from the State as the case may be:
Provided that duty shall not be so imposed on any article which has been imported into the territory of India and was liable on such importation to duty under the Indian Tariff Act, 1934 (XXXII of 1934), or the Sea Customs Act, 1878 (VIII of 1878), or on any medicinal or toilet preparation containing alcohol, opium, hemp or other narcotic drugs or narcotics.
Explanation.-Duty may be imposed under this section at diffe
Subject to any regulations to regulate the time, place and manner of payment made by the 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 the State at the time of its import or in the State or territory or 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 the State at the time of its export, or in the State or territory of import;
(c) in the case of excisable articles transported- (i) by payment in the district from which they are transported, or (ii) by payment upon issue for sale from a warehouse established or licensed under the provision
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
(a) submit to the Collector within such period and in such form, as may be prescribed, a declaration of the quantity of such article in his possession on the importation or manufacture of the said article, as the case may be;
(b) maintain accounts of the articles in such form and submit such returns as may be prescribed.
(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 or 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, for 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 such place where he knows or has reason to believe that any excisable
Whoever imports, exports, transports, possesses, sells or manufactures any intoxicant or hemp without the payment of duty or fee provided for under this Act shall, on conviction, 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.
(1) For every toddy producing tree which is tapped or licensed to be tapped or in respect of which a licence for drawing toddy therefrom is granted there shall, if the State Government so directs, be levied for any period during which such tree is tapped or licenced to be tapped, such duty as the State Government may from time to time direct.
(2) Every licence 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, in which and the period at
The duty on toddy producing trees shall be leviable primarily from the person holding the licence 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.
-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 the State Government may be disposed of by auction or otherwise on such terms as the Collector deems fit.
Deleted by Bom. 22 of 1960, s. 74.
(1) All duties, taxes, fines, (except fines imposed by a Court) and fees leviable under any of the provisions of the Act or in respect of any licence, permit, pass or authorisation 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 sum named therein as the amount to be paid in case of such breach may be recov
Notwithstanding anything contained in section 32 of the Code of Criminal Procedure 1898, (V of 1898)it shall be lawful for 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,
Notwithstanding anything contained in the Code of Criminal Procedure, 1898, (V of 1898.) an offence of consumption of any intoxicant or hemp specified in clause (b) of sub-sec. (1) of sec. 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.
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) Whenever two or more persons are prosecuted for an offence under this Act, 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 paradon 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.
(3) Every person, accepting a tender under this section, shall be examined as a witness in the Court of the Magistrate taking cognisance of the offence, and in the subsequent trial, if any.
(4) The provisions of sections 339
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, liquors, milk punch or of wines such as champagne, moselle, burgundy, chianti while 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.
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 thatno 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.
(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 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 if such panchayat, municipality or municipal corporation to prepare and maintain such list.
(2) The State Government shall, by rules
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,
Offences under sections 65, 67, 67-1A and 68 shall be non-bailable.
The Director, Collector or any Prohibition Officer duly empowered in this behalf by the State Goveernment, 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, mloasses, materials 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 obstracle to his entry into any such warehouse, godown, shop, premises, house, building, vessel, vehicle or enclosed place;
(c) seize any intoxicant, hemp, mhowra flowers or
(1) Any Prohibition Officer duly empowered in this behalf by the State Government or any Police Officer may open any package and examine any goods and may stop and search for any intoxicant, hemp, mhowra flowers, or molasses any vessel, vehicle or other means of conveyance and may seize any intoxicant hemp, mhowra flowers, molasses or any other thing liable to confiacation 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 (3) for examination, the opening and repacking of them, where such operations are necessary for searches made under this section and the removing of goods to and placing of them in the place appointed under sub-section (3) for examination or deposit, shall be performed by or at the
(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 or 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 his 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 toody producing trees are growing, whether such trees are licensed for tapping or not, and any warehouse, godown, shop or premises in which any licensed manufacturer or vendor manufactures, stores or sells any intoxi
(1) Any Prohibition Officer authorized by the State Government in his 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 Act 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 authorized by the State Government under this section who arrests any person under sub-clause (a) or seize and detains any article under sub-clause (b), of sub-section (1) shall forward such person or article, as the case may be, without unnece
(1) The Director or Collector or any Prohibition Officer specially empowered in this behalf by the 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.
The 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 to confiscation or forfeiture under this Act or any other law for the time being in force relating to excise revenue and any document or other article which he has reason to believe 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 or Bother thing in his possession, arrest him.
The Director, Collector or any Prohibition Officer duly empowered in this behalf by the 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) When any person who in the presence of the Director, Collector or any Prohibition Officer not below such rank as the State Government may determine, has 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 before a Magistrate having jurisdiction when so required : Provided that if such person is not resident in India, the bond shall be secured, by a surety or sureties residing in India.
(3) If the true name and residence of su
(1) The Director, Collector or any Prohibition Officer duly empowered in this behalf or in Greater Bombay a Deputy Commissioner of Police or a Superintendent of Police in charge of a Division or a Magistrate or a District Superintendent of Police or an Assistant or Deputy Superintendent of Police specially empowered by the 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, 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 intox
-The provisions of sections 80, 98, 99, 103(1), 104, 120, 121, 122, 123, 124, 125, 128, 135 and 139 shall apply to denatured spirituous preparations rotten gur or ammonium chloride as they apply to any intoxicant under this Act.
(1) The 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 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 powers 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.
(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 furnish a certificate on his finding whether such person has consumed any intoxicant and to forward the blood collected by
-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 129A 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 thinks fit, and shall, on the application of the prosecution or the accused person, summon and e
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 Station 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) 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),
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 from whose possession it was taken.
-Every officer of the Government and every officer or servant of a local authority, shall be legally bound to assist any Prohibition Officer or police officer or person authorized in this behalf in carrying out the provisions of this Act.
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. Ill 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 have reason to believe is about or likely to be committed.
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 his knowledge.
Deleted by Bom. 26 of 1952, s. 50.
(1) All orders passed by any Prohibition Officer other than the Collector or if 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 and Director shall be appealable to the Director and the State Government respectively at any time witnin ninety days from the date of the order complained of:
Provided that no appeal shall lie against an order passed by the Director on appeal.
(3) Subject to the foregoing provisions, the rules which the State Government may make in this behalf shall apply to appeals under this section.
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) Notwithstanding anything contained in this Act or the rules, made thereunder, the State Government may, by general "or special order,
(a) prohibit the grant of any kind of licences, permits, passes or authorizations throughout the State or in any area;
(b) regulate the import, export, transport, possession, sale, purchase, consumption or use of any intox'cant, 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 the State or within the limits of any local area subject to such conditions fas it may impose;
(c) exempt any person or institution or any class of persons or institutions from all or any of the provisions of this Act or from all or any of the rules, regulati
The 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) If the State Government is satisfied that the inhabitants of any area are concerned in the commission or abetment of any of the offences punishable under sections 65, 66, 66A, 67, 67-1 A, 67C, 68, 69 and 70 the State Government may, by notification in the Official Gazette direct the employment of additional police in that area for such period as it thinks fit.
(2) The cost of such additional police shall, if the 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 on any pa
(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 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 of any Executive Magistrate or Police Officer the person referred to in sub-sec. (1) shall himself close such place.
(3) Any order given under this section shall be final.
(1) The 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 State Government may make rules:-
(a) regulating the delegation of any powers by the Director, by Collector or by any other Prohibition Officer;
(b) regulating the import, export, transport collection, sale, purchase, bottling, consumption, use or possession of any intoxicant, denatured spirituous preparation or hemp, mhowra or molasses;
(bb) regulating the possession, manufacture, use and consumption of rotten gur and the possession, manufacture and use of ammonium chloride;
&nbs
The Director may make regulations, not inconsistent with the provisions of this Act, or rules,- (a) regulating, as the case may be, the supply or storage of any intoxicant denatured spirituous preparation or hemp rotton gur or ammonium chloride mhowra flowers, molasses 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;
(b) regulating the deposit of any intoxicant, hemp, mhowra flowers, molasses, rotton gur or ammonium chloride in a warehouse and the removal of such articles from any such warehouse, or from any distillery or brewery;
(d) prescribing the scale of fees or the manner of fixing the fees payable in respect of any storage of any intoxicant, hemp, mhowra flowers, mol
-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 of the Indian Penal Code. (XLV of 1860.)
No suit or proceeding shall lie against the 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) 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; 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
(b) in the case of an action for damages, if tender of sufficient amends shall have been made before the
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 sprituous preparations, hemp mhowra flowers, molasses, rotton gur or ammonium chloride which are the property and in the possession of the Government.
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) 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 Actor any repeal or amendment made thereby shall affect 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 29-A of the Bombay Abkari Act, 1878 (Bom. V of 1878), and the recovery of any duties or fees leviable under any other provisions of the Acts her
-On the commencement of this Act in any area of the State to which it is extended by the Bombay Prohibition (Extension and Amendment) Act, 1959 (Bom. XII of 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 of any offence committed against any Acts so repealed.
(d) any investigation legal proceeding or remedy in respect of any such right, privi
(1) The whole of the Sironcha Tahsil; (2) The following villages of the Gadchiroli Tahsil, namely:- (a) (1) Chargaon, (2) Gonjali, (3) Palasgaon, (4) Chimgaon, (5) Mendha, (6) Wadegaon, (7) Singapur, (8) Kodalwahi, (9) Chatgaon, (10) Pander, (11) Mohandala, (12) Palakheda, (13) Suna Katizari, (14) Khutgaon, (15) Gatepalli, (16) Mendha, (17) Harikata, (18) Tohakapur, (19) Haldi, (20) Gadhewahi, (21) Sakora, (22) Talodhi, (23) Karwafa, (24) Nawegaon, (25) Ghotevihir, (26) Ranbhumi, (27) Jambli, (28) Ranmul, (29) Pasrani, (30) Kusumghat, (31) Gattaguda, (32) Maroda, (33) Bandhona, (34) Nawragaon, (35) Gilgaon, (36) Bhandikanhar, (37) Gajanguda, (38) Sakhera, (39) Kanhargaon, (40) Karkapalli, (41) Raven-Jhola, (42) Saimara, (43) Pekinkasa, (44) Saterli, (45) Sowita, (46) Benoti (47) Filekanar, (48) Fatri, (49) Ditantola, (50) Dewapur, (51) Dewada. (52) Gawama, (53) Rampur, (54) Potehaon, (55) Surgadevi, (56) Rajoli, (57) Tohgaon,
Year. No. Short title. Extent of Amendments.
1 2 3 4
1890 IV The Bombay District 1 . Section 46-
Police Act, 1890 (a) in sub-section (4), for clauses (ii) and (iii), the following clauses shall be substituted, namely: - "(ii) section 65 or 68 of the Bombay Prohibition Act, 1949"; (Bom. XXV of 1949)
(b) in sub-section (6) for the words and figures "under the Bombay Abkari Act, 1878, or the Opium Act, 1878" the words and figures "under the Bombay Prohibition Act, 1949" (Bom. XXV of 1949) shall be substituted
2. Section 61 AA shall be deleted
1902 IV The City of Bombay Police Act, 1902 1 . In section 27-
&n
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 Provinc
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