THE [KARNATAKA] PROHIBITION ACT, 1961

Act, No. 17 of 1962

12th April, 1962

An Act to amend and consolidate the law relating to the promotion and enforcement of and carrying out the policy of prohibition in the 2 [State of Karnataka]. WHEREAS it is expedient to amend and consolidate the law relating to the promotion and enforcement of and carrying out the policy of prohibition of consumption except for medicinal purposes of intoxicating drinks and drugs and to provide for certain other purposes hereinafter appearing; BE it enacted by the 2[Karnataka State] Legislature in the Twelfth Year of the Republic of India as follows:-- 1. First published in the Karnataka Gazette on the nineteenth day of April 1962. 2. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973.

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S.1 Short title, extent and commencement

(1) This Act may be called the 1[Karnataka] Prohibition Act, 1961.

(2) It extends to the whole of the 1[State of Karnataka].

(3) It shall come into force at once in the areas in which any of the enactments mentioned in Schedule A is in force immediately prior to the commencement of this Act.

(4) (a) This section, section 2 and section 15 shall come into force at once in the whole of the 1[State of Karnataka].

(b) The other provisions of this Act shall come into force in such area of the 1[State of Karnataka] other than the areas in which this Act comes into force under sub-section (3), on such 2[date] as the State Government may, by notification, specify.

3[(5) Notwithstanding anything contained in sub-sections (3) and (4), the State Government may, by notification, declare that the provisions of this Act other than this section and sections 2 and 15 shall cease to be in force in an

S.2 Definitions

In this Act, unless the context otherwise requires,--

1[(1) 'alcohol' means ethyl alcohol of any strength and purity having the chemical composition C2H5CH:]
2[(1A)] "authorisation" means an authorisation granted under section 36 for use, or for manufacture for 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; and "bottling" includes rebottling;
(3) "Commissioner" means the Prohibition Commissioner appointed under section 3;
(4) "Committee" means any of the committees appointed by the State Government under section 8;
(5) "country liquor" includes all liquor produced or manufactured in India;
(6) "cultivation" includes the tending or protecting of a plant and do

S.3 Prohibition Commissioner

The State Government may, by notification, appoint an officer of Government as Prohibition Commissioner, 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,--

(a) shall exercise such powers and shall perform such duties and such functions as are conferred upon the Commissioner, by or under the provisions of this Act,
(b) may exercise such powers and perform such duties and functions as are assigned by or under the provisions of this Act, to a Deputy Commissioner, and
(c) shall superintend the administration and carry out generally the provisions of this Act.

S.4 Deputy Commissioner

(1) The Deputy Commissioner of a district shall within the limits of his jurisdiction exercise such powers and perform such duties and functions as are assigned by or under the provisions of this Act to a Deputy Commissioner, subject to such control as the State Government may from time to time direct.

(2) For the purposes of this Act, all Deputy Commissioners shall be subordinate to the Prohibition Commissioner.

(3) The State Government may, by notification, appoint any person other than the Deputy Commissioner of a district to exercise in any district or place, all the powers and perform all the duties and functions as are assigned by or under this Act to a Deputy Commissioner, subject to the control of the Prohibition Commissioner and such other control as the State Government may from time to time direct.

S.5 Subordinate officers

To aid the Commissioner and the Deputy Commissioners in carrying out the provisions of this Act, the State Government may appoint such subordinate officers with such designations and confer on them such powers, duties and functions under this Act, rules, regulations or orders made thereunder, as may be deemed necessary.

S.6 Investing officers of other departments with powers and duties under this Act

The State Government may invest any officer in the Police Department or any officer of any other Department 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 officer 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.

S.7 Board of Experts

(1) For the purpose of determining 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 or is not an article unfit 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 three in number, with such qualifications as may be prescribed by rules. The members so appointed shall hold office during the pleasure of the State Government.

(3) Two members shall form a quorum for the disposal of the business of the Board.

(4) Any vacancy of a member of the Board shall be filled in as early as practicable:

Provided that during any such vacancy the continuing members may act, as if no vacancy had occurred.

(5) The procedure reg

S.8 Committees

(1) The State Government may appoint committees to advise and assist officers in carrying out the provisions of this Act.

(2) Such committees shall perform such functions as are provided by or under the provisions of this Act.

(3) The constitution of such committees and the procedure regarding their work shall be such as may be prescribed by rules.

(4) The State Government may direct that the members of such committees shall be paid such fees and allowances as may be prescribed by rules.

S.9 Medical Boards

(1) The State Government may constitute one or more medical boards for such areas and consisting of such members as it may deem fit.

(2) A medical board so constituted shall perform such functions as are provided by or under this Act.

(3) The procedure regarding the work of the medical board shall be such as may be prescribed by rules.

(4) The members of the medical board shall be entitled to such fees and allowances as may be prescribed by rules.

S.10 Control of Commissioner over Prohibition Officers and other Officers

In the exercise of their powers and in the 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 Commissioner and shall be bound to follow such orders as the Commissioner may, from time to time, make.

S.11 Delegation

(1) The State Government may, by notification, delegate any of the powers exercisable by it under section 5, section 6 or section 9 to the Commissioner or such other officer as it deems fit.

(2) Subject to the control and direction of the State Government, the powers conferred on the Commissioner or any other officer appointed or invested with powers under this Act may be delegated by him to any of his subordinates.

S.12 Prohibition of the manufacture of, traffic in and consumption of liquors and intoxicating drugs

Save in the manner and to the extent provided by or under the provisions of this Act or in accordance with the terms and conditions of a licence, permit, pass or authorisation granted thereunder, no person shall,-

(a) export, import, transport or possess liquor or any intoxicating drug; or
(b) manufacture liquor or any intoxicating drug; or
(c) cultivate or collect hemp or any portion of such plant from which any intoxicating drug can be manufactured; or
(d) tap any toddy-producing tree, or permit or suffer to be tapped any toddy-producing tree belonging to him or in his possession; or
(e) draw toddy from any tree, or permit or suffer toddy to be drawn from any tree belonging to him or in his possession; or
(f) construct or work any distillery or brewery; or
(g) use, keep or have in his possession any materials, still, utensil, implement, or apparatus whatsoever for the tapping of toddy or the manufacture of liquor

S.13 Alterations of denatured spirit or denatured spirituous preparations

No person shall,-

(a) alter or attempt to alter any denatured spirit or denatured spirituous preparation by dilution with water or by any method whatsoever with the intention that such spirit or preparation may be used for human consumption, whether as a beverage or an intoxicating liquor or internally as a medicine or in any other way whatsoever; or
(b) have in his possession any denatured spirit or denatured spirituous preparation in respect of which he knows or has reason to believe that such alteration or attempt has been made.

S.14 Prohibition of soliciting use of intoxicant or hemp or doing any kind of action calculating to incite or encourage member of public to commit offence

No person shall,-

(a) solicit the use of or offer any intoxicant or hemp; or.
(b) do any act which is calculated to incite or encourage any member of the public or a class of individuals or the public in general to commit any offence under this Act, or to commit breach of any rule, regulation or order made thereunder or the conditions of any licence, permit, pass or authorisation granted thereunder.

S.15 Prohibition of publication of advertisements relating to intoxicants, etc.

(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; 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 the conditions of any licence, permit, pass or authorisation 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 specially approved by the Commissioner in this behalf;
(b) any advertisement or other matter contained in any newspaper, news-sheet, book, leaflet, booklet, or other publication, prin

S.16 This Chapter not to apply to certain articles

Nothing in this Chapter shall be deemed to apply to,-

(1) any toilet, medicinal or antiseptic preparation or solution,
(2) 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 49:

Provided further that the purchase, possession or use of any liquor or alchohol for the manufacture of any such article shall not be made or had, except under a licence granted under section 24.

S.17 Power to notify exemptions

(1) The State Government may, by notification and subject to such conditions as it thinks fit, direct that,-

(a) any preparation containing alcohol not exceeding a specified percentage by volume, or
(b) any liquor or intoxicating drug or preparation containing such liquor or drug, and required for medicinal, scientific, industrial or such like purpose, 1[or]
1[(c) members of the Armed Forces of the Union or of any other Armed Forces raised or maintained by the Union or attached to or operating with any of its Armed Forces:]

shall be exempt from any of the provisions of this Act or rules, regulations or orders made thereunder.

(2) When issuing a notification under sub-section (1), the State Government shall have power to provide that a breach of any of the conditions subject to which the exemption is notified, shall be punished with imprisonment which may extend to six months or with fine which may extend to o

S.18 Establishment of distilleries and warehouses for intoxicants or licensing manufacture of intoxicants

The Commissioner 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 liquor, intoxicating drug, hemp, mhowra flowers or molasses may be deposited and kept without payment of duty; and
(e) discontinue any warehouse so established.
(f) license on such conditions as the State Government deems fit to impose the manufacture of liquor or any intoxicating drug by any person.

S.19 Intoxicating drug or hemp not to be removed from warehouse

No liquor, intoxicating drug, hemp, mhowra flowers or molasses shall be removed from any distillery, warehouse or other place of storage established or licensed under this Act, except under a pass and unless the duty, if any, imposed under the provisions of this Act, has been paid or a bond has been executed for the payment thereof.

S.20 Passes for import, etc.

(1) The Commissioner, or a Deputy Commissioner, or any other officer authorised by the State Government may grant passes for the import, export or transport of any liquor, intoxicating drug or hemp.

(2) Such passes may be either general for definite periods of time and definite kinds of liquor, intoxicating drug or hemp, or special for specified occasions and particular consignments only.

(3) Every such pass shall specify--

(a) the name of the person authorised to import, export or transport liquor, intoxicating drug or hemp;
(b) the period for which the pass is to be in force;
(c) the quantity and description of liquor, intoxicating drug or hemp for which it is granted; and
(d) the places from and to which liquor, intoxicating drug or hemp are to be imported, exported or transported, and in the case of places more than ten miles apart, the route by which they are to be conveyed.

S.21 Passes for through consignments

The through transport of any consignment of any intoxicant, hemp, mhowra flowers or molasses by a railway administration or by any steamer, ferry, road transport or air service shall be under such passes and subject to such conditions as may be prescribed by rules.

S.22 Licences for possession of denatured spirit, rectified spirit and alcohol for industrial or medicinal purposes

The State Government, or, subject to its control, the Deputy Commissioner, may grant licences for the possession of denatured spirit, rectified spirit, and alcohol for industrial or medicinal purposes, if such spirit or alcohol is, in the opinion of the State Government or the Deputy Commissioner, as the case may be, necessary for scientific, industrial, medicinal or similar purposes:

Provided that no licence shall be necessary for the possession of denatured spirit to the extent of such quantity as may be prescribed by rules.

S.23 Licences for bona fide medicinal or other purposes

The State Government, or, subject to its control, the Deputy Commissioner, may grant licence to any person or in respect of any institution, whether under the management of Government or not, for the manufacture, export, import, transport, sale, possession, consumption or use of liquor, any intoxicating drug or hemp or any article containing liquor, intoxicating drug or hemp on the ground that such liquor, intoxicating drug, hemp or article is required by such person or in respect of such institution for a bona fide medicinal, scientific, industrial or such like purpose, or for sale, for any of the aforesaid purposes:

Provided that when any liquor, intoxicating drug, or hemp has been obtained by any person for a bona fide medicinal purpose from any person or institution, licensed to sell the same under this section, it shall not be necessary for such person to obtain a licence for the possession, consumption or use of the same.

S.24 Licence for purchase, etc., of liquor for manufacture of articles mentioned in section 16

The State Government, or, subject to its control, the Deputy Commissioner, may grant licences for the purchase, possession or use of any liquor or alcohol for the manufacture of any article mentioned in section 16 on s.

S.25 Licence for tapping for neera

Subject to the control of the State Government, the Deputy Commissioner or any officer empowered by him, may grant,-

(a) licences for tapping of, or drawing juice from, any palm tree for the purpose of sale or consumption as sweet toddy or neera or for the manufacture of jaggery or any other article which is not an intoxicant; or
(b) permits for the possession, transport or sale of such sweet toddy or neera.

S.26 Licences for tapping toddy in specified areas

(1) The State Government, or, subject to its control, the Deputy Commissioner, may issue licences to any person for tapping of trees for toddy in any area specified in such licence and for the possession, manufacture, transport and export of such toddy.

(2) The provisions of the Mysore Excise Act, 1901, or any corresponding law in force in any area of the State, and the rules made thereunder, shall, notwithstanding anything contained in this Act, apply to the tapping of trees for toddy and the possession, manufacture, transport and export of toddy licensed under sub-section (1).

S.27 Trade and import licences

The State Government, or, subject to its control, the Deputy Commissioner, may grant trade and import licences to persons intending to import and to sell by wholesale any liquor, intoxicant drug or hemp.

S.28 Vendors' licences

The State Government, or, subject to its control, the Deputy Commissioner, may grant a vendor's licence subject to the following conditions:--

(i) the stock of foreign liquor with the licensee (except what is permitted for disposal in the shop) shall be kept by him at a warehouse approved by Government;
(ii) the licensee shall be allowed to select his own warehouse and fix its rent with the owner:
Provided that on failure to select such warehouse, the warehouse shall be selected by the licensing authority;
(iii) the licensee shall pay all rents, costs, charges and expenses incidental to warehousing and supervision;
(iv) the licensee may sell any part of the stock of foreign liquor to licensees in the State or to any persons outside the State, subject to such conditions as the Commissioner may prescribe;
(v) the licensee may sell only to holders of permits or authorisations;
(vi) the licensee shall be entitled to kee

S.29 Licences to ship companies and to masters of ships

The State Government, or, subject to its control, the Deputy Commissioner or any other officer authorised by rules or an order in writing by the State Government, may grant licences to any shipping company for each ship or to the master of any ship to sell foreign liquor and permit the use and consumption of foreign liquor on such ship on such conditions as may be prescribed.

S.30 Permission to use or consume foreign liquor on war ships, troop ships and in messes and canteens of Armed Forces

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, or
(ii) the purchase, use or consumption of such liquor by,-
(a) the members of the Armed Forces in messes and canteens,
(b) the crew of war ships or troop ships and the members of the Armed Forces thereon.

S.31 Permits to foreigners residing temporarily in India

(1) The State Government, or, subject to its control, the Commissioner, the Deputy Commissioner or a Committee appointed for the purpose, may grant permits to persons for the use or consumption of foreign liquors for such quantities as may be prescribed subject to the following conditions:--

(a) that such person is not a minor, and
(b) that such person was either born and brought up or domiciled in any country outside India, where such liquor is being used or consumed or such person is on the Register of Foreigners, maintained under the Registration of Foreigners' Act, 1939, and is not domiciled in India:

Provided that, in the case of any person falling under clause (b), such person has been residing and intends to reside in India temporarily and that such person has a fixed and settled purpose of making his sole and permanent home in any country outside India and that such person has been ordinarily using or consuming such liquor.

(2) If

S.32 Health permits

(1) The State Government, or, subject to its control, the Deputy Commissioner, may grant a health permit for the use or consumption of 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 permits shall be granted for such quantity and shall be subject to such further conditions as may be prescribed.

S.33 Emergency permits

(1) The State Government, or, subject to its control, the Deputy Commissioner, may grant emergency permits for the use or consumption of brandy, rum or champagne, or any other kind of liquor 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 allow the use or consumption of liquor in respect of which the permit has been granted by any other person, who requires the use thereof for medicinal purposes on emergent occasions:

Provided further that no permit shall be granted to more than one member of a household at any one time.

(2) When a person to whom an emergency permit is granted allows the use or consumption of liquor held by him under the said permit by any other person on the occasion referred to in the first proviso to sub-section (1), the person holding the emergency permit shall intimate the said fact, in such manner and at such time a

S.34 Special permits to foreign sovereigns, etc

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 that such member is a national of a foreign State; and
(d) the Consort of any person specified in clause (a), clause (b) or clause (c) or any relation of such person dependent upon him.

S.35 Permits to be non-transferable

Permits granted under section 31, section 32, section 33 or section 34 shall be non-transferable.

S.36 Authorisation for sacramental purposes

(1) The State Government, or subject to its control, the Deputy Commissioner, may grant any authorisation to any person for the use of liquor for sacramental purposes or for the manufacture of liquor for use for sacramental purposes:

Provided that the State Government or the Deputy Commissioner 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 authorisation under this section shall be granted on the recommendation of the person, who consistently with the religious tenets of the community to which the person applying for such authorisation belongs, exercises control over sacramental matters relating to such community and has been approved by the State Government in that behalf.

(3) If in any community there is no person who exercises control over sacramental matters relating to such community, and if, in the opinion of the State Government, it is so desirable, the au

S.37 Tourists' Permits

(1) The State Government, or subject to its control, the Deputy Commissioner may grant tourists' permits to consume, use or buy foreign liquor to a person who is a tourist.

(2) A tourist's permit may be granted for the period of the tourist's intended stay in the State, but shall in no case be granted for a period exceeding three months.

(3) Such permits shall be available at such places as may be notified by the Commissioner in this behalf.

S.38 Interim Permits

(1) Notwithstanding anything contained in section 31, section 32 and section 34, the State Government or, subject to its control, the Deputy Commissioner may grant interim permits to persons applying for permits under any of the said provisions.

(2) Such interim permits shall not be granted for any period exceeding one month.

S.39 Regulation of use or consumption of foreign liquor by certain Permit-holders

(1) No holder of a permit granted under any of the provisions of this Act, other than section 33, shall drink in a public place, in any vehicle parked in a public place or in any room in a hotel or any institution provided the public have access to such room.

(2) No holder of a permit granted under section 32 shall allow the use or consumption of any part of the quantity of liquor held by him by any other person.

(3) No holder of a permit granted under section 31, section 34, section 37 or section 38, shall allow the use or consumption of any part of the quantity of liquor held by him under the permit by any other person who is not the holder of any such permit.

S.40 Licence for consumption or use of intoxicating drugs

The State Government, or subject to its control the Deputy Commissioner, may grant licences, on the certificate of the Medical Board, for the consumption or use of intoxicating drugs in such quantities as may be prescribed.

S.41 Regulation of sale, etc., of ware housed intoxicants or hemp

The State Government may by rules made in this behalf, regulate the sale, custody or removal of ware-housed intoxicants or hemp.

S.42 Regulation of import, export, etc., of mhowra flowers

(1) No person shall export, or import, mhowra flowers, except under a pass granted by the Deputy Commissioner or an officer authorised in this behalf.

(2) No person or head of a 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 Deputy Commissioner 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 "vocation period") as the State Government may, by notification, notify, of any quantity of mhowra flowers, which shall be the produce of that year and of that area:

Provided further that unless the State Government by a notification, otherwis

S.43 Control and export, etc., of molasses

(1) Except as otherwise provided in sub-section (2), no person shall export, import, transport, sell or have in his possession any quantity of molasses:

Provided that no manufacturer of jaggery from sugarcane shall be liable for possession of molasses which is the by product of the process and is not in excess of such quantity as may be prescribed.

(2) The State Government or, subject to its control, the Deputy Commissioner may grant,-

(a) licences for the export, import, sale or possession of molasses, or
(b) permits for the transport of molasses.

S.44 General conditions regarding licences, etc.

1[(1)] All licences, permits, passes or authorisations granted under this Act shall be in such form and shall, be subject to such conditions as may be prescribed and shall be granted on payment of the prescribed fee:

2[(2) The conditions prescribed under sub-section (1) may include provisions of accommodation by the licensee to Prohibition Officers at the licensed premises or the payment of rent or other charges for such accommodation at or near the licensed premises, and the payment of the costs, charges and expenses (including the salaries and allowances of the Prohibition Officers) which the State Government may incur in connection with supervision to ensure compliance with the provisions of the licence and the provisions of this Act, the rules, regulations and orders made thereunder.]

Provided that every licence, permit, pass or authorisation shall be granted only on the condition that the holder thereof undertakes, and in the opinion of the

S.45 Power to cancel or suspend licences and permits

(1) The Commissioner or any officer authorised in this behalf, may cancel or suspend any licence, permit, pass or authorisation granted under this Act,-

(a) if any fee or duty payable by the holder thereof is not duly paid;
(b) if the purposes for which the licence, permit, pass or authorisation was granted ceases to exist;
(c) in the event of any breach by the holder of such licence, permit, pass or authorisation or by his servants or by any one acting with his express or implied permission on his behalf of any of the terms and conditions of such licence, permit, pass or authorisation or of any licence, permit, pass or authorisation previously held by the holder;
(d) if the holder thereof or any person in the employ of such holder or any person acting with his express or implied permission on his behalf, is convicted of any offence under this Act, or if the holder of the licence, pass, permit or authorisation is convicted of any cognizable a

S.93 Execution of bonds in respect of minors

If any person in respect of whom a bond is ordered to be executed under section 91 or section 92 is a minor, a bond shall be executed by his guardian.

S.94 Things liable to confiscation

(1) Whenever any offence punishable under this Act has been committed,-

(a) any intoxicant, hemp, mhowra flowers, molasses, materials, still, utensil, implement or apparatus in respect of which the offence has been committed;
(b) where in the case of an offence involving illegal possession, the offender has in his lawful possession any intoxicant, hemp, mhowra flowers or molasses other than those in respect of which an offence under this Act has been committed, the entire stock of such intoxicant, hemp, mhowra flowers or molasses;
(c) where, in the case of an offence of illegal import, export or transport the offender has 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;
(d) where, in the case of an offence of illegal import, export or transport the offender has attem

S.95 Return to bona fide owners

When, during the trial of a case for an offence under this Act, the Court decides that anything is liable to confiscation under section 94, 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 the option to pay fine as the Court deems fit in lieu of confiscation:

Provided that no animal, vessel, vehicle or other conveyance shall be confiscated, if the owner thereto satisfies the Court that he had exercised due care in preventing the commission of the offence.

S.96 Procedure in confiscation

When an offence under this Act has been committed and the offender is not known or cannot be found or when anything liable to confiscation under this Act is found or seized, the Commissioner, the Deputy Commissioner, or any other Officer authorised by the State Government in this behalf, may make an enquiry and if after enquiry 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 any person who claims any right thereto and the evidence, if any, which he produces in support of his claim.

S.97 Power to order sale or destruction

If the thing in question is liable to speedy and natural decay or if the Commissioner, Deputy Commissioner, Court or other officer authorised by the State Government in this behalf is of opinion that the sale would be for the benefits of the owner, the Commissioner, the Deputy Commissioner, Court or the officer may at any time direct it to be sold and the provisions of section 95 or section 96 shall be applied so far as may be to the net proceeds of the sale:

Provided that in the case of any thing liable to speedy and natural decay, the officer concerned may order it to be destroyed, if in his opinion such order is expedient in the circumstances of the case.

S.98 Forfeiture of publication containing prohibited advertisements

(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, 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 authorise any Police Officer not below the rank of a 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 the manner prescribed for the execution of search warrants under the Code of

S.99 Powers of entry and inspection

The Commissioner, the Deputy Commissioner, or any Prohibition Officer duly empowered in this behalf by the State Government or any Police Officer not below the rank of an officer in charge of a Police Station may,--

(a) enter at anytime by day or by night any house, building, or enclosed space in which he has reason to believe that any intoxicant, hemp, mhowra flowers or molasses, liable to confiscation under this Act, are manufactured, kept or concealed or that any still, utensil, implement or apparatus is kept, used, or concealed for the purpose of manufacturing any such article;
(b) in case of resistance, break open any door and remove any other obstacle to his entry into any such house, building or enclosed space;
(c) seize any intoxicant, hemp, mhowra flowers or molasses and any materials used in the manufacture of any intoxicant and any still, utensil, implement or apparatus and any other thing, which he has reason to believe to be liable to con

S.100 Power to open packages, etc.

(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 or search for any intoxicant, hemp, mhowra flowers, any vessel, vehicle or other means of conveyance and may seize any intoxicant, hemp, mhowra flowers, molasses or any other thing liable to confiscation or forfeiture under this Act 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 re-packing of them where such operations are necessary to be made under this section and removing of goods to and placing of them in the place appointed under sub-section (3) for deposit, shall be performed by or at the expense of the owner of such goods.

(3) The owner of the goods or the person in charge of the goods shall, if so required by any officer conducting the search take the goods to a place appointed b

S.101 Power to require production of licence, etc.

(1) The Commissioner or the Deputy Commissioner or any Prohibition Officer duly empowered in this behalf or any Police Officer may,-

(a) require a licensed manufacturer, or vendor or any person 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 toddy-producing trees licensed for tapping are growing or toddy is drawn from such trees, or any warehouse, shop or premises in which the licensed manufacturer or vendor manufactures, stores or sells any intoxicant, hemp, mhowra flowers or molasses or examines, tests, measures and weighs any stock of any such articles.

(2) If such officer finds that the holder of a licence, permit, pass

S.102 Power to obtain information

(1) The Deputy Commissioner, or any Prohibition Officer specially empowered in this behalf by the State Government or any 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 an 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.

S.103 Power to seize intoxicant, etc

The Commissioner, the Deputy Commissioner, 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 under this Act;
(b) detain and search any person whom he has reason to believe to be guilty of any offence under this Act, and if such person has any intoxicant, hemp, mhowra flowers or molasses or any other thing in his possession, arrest him.

S.104 Arrest of offender and seizure of contraband article

(1) Any Prohibition Officer authorised by the State Government in this behalf or any Police Officer may,-

(a) arrest without warrant any person whom he has reason to believe to be guilty of an offence under this Act;
(b) seize and detain any intoxicant, hemp, mhowra flowers or molasses or other articles which he has reason to believe to be liable to confiscation or forfeiture under this Act.

(2) Any Prohibition Officer authorised by the State Government under this section, who arrests any person under clause (a) or seizes and detains any article under clause (b) of sub-section (1) shall forward such person or article, as the case may be, without unnecessary delay to the officer in charge of the nearest Police Station.

S.105 Arrest without warrant

The Commissioner or the Deputy Commissioner, or any Prohibition Officer duly empowered in this behalf by the State Government or any Police Officer may arrest without any order from a Magistrate and without warrant, any person who obstructs him in the execution of his duties under this Act or has escaped or attempts to escape from custody in which he has been, or is lawfully detained under this Act.

S.106 Arrest of offenders failing to give names

(1) When any person, who in the presence of the Commissioner, Deputy Commissioner 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 and 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 the Magistrate if and when he is so required:

Provided that if such person is not a resident of India, the bond shall be secured by a surety or sureties residing in India.

(3) If the true name and residence of such person is not ascertained within twenty-four hours from the time of arrest or if he fails to execute a bond or if

S.107 Issue of warrant

(1) The Commissioner, the Deputy Commissioner, or any Prohibition Officer duly empowered in this behalf, or Magistrate or a Police Officer not below the rank of 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;
(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 intoxicant, hemp or other thing liable to confiscation or forfeiture under this Act is kept or concealed and for the seizure of such intoxicant, hemp, mhowra flowers or molasses or such other things found in such building, vehicle or place.

(2) All warrants issued under sub-sec

S.108 Prohibition officers may be empowered to investigate offences

(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, upon an officer in charge of a Police Station.

(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 was the Prohibition Officer appointed for the area or for the purpose of investigating the said offence.

(4) If the Prohibition Officer conducting the investigation is of opinion that there is not sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate or that the person arre

S.109 Power to require person to submit to medical examination, etc.

(1) Where in the investigation of an offence under this Act, any Prohibition Officer duly empowered in this behalf by the State Government or any Police Officer, not below the rank of a Head Constable 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 to furnish a certificate on his finding whether such person has consumed any intoxicant, and to forward the blood collected by him for test to

S.110 Arrested person or thing seized to be sent to nearest Police Station

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.

S.111 Bail by a Prohibition Officer

(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, to any person arrested without a warrant for an offence under this Act.

(2) When any person has been arrested under section 105, a 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.

S.112 Articles seized

When anything has been seized by a Prohibition Officer other than the Commissioner or the Deputy Commissioner under the provisions of this Act 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 Deputy Commissioner;
(c) if no offence appears to have been committed, shall return it to the person from whose possession it was taken.

S.113 Landlords and others to give information

(1) Whenever there has been any tapping for toddy or manufacture of any liquor or intoxicating drug not authorised by a permit or a licence issued under this Act,-

(a) every person who occupies any land or building or a landlord residing in the village on or in which such unauthorised tapping or manufacture takes place, and
(b) every owner of a vessel or vehicle in which such unauthorised manufacture takes place,

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 as soon as such tapping or manufacture shall come to his knowledge.

S.114 Offence to be reported

(1) Every village officer or servant and every officer of any other Department of the State Government and any officer or servant of a local authority, shall be bound to give immediate information at the nearest police station or to any officer or person authorised in this behalf, of any breach of any of the provisions of this Act, which may come to his knowledge; and all such officers and servants shall be bound to take all reasonable measures in their power to prevent the commission of any such breach about which they may have knowledge or which they may have reason to believe is about or likely to be committed.

(2) Every officer of the State Government and every officer or servant of a local authority, shall be legally bound to assist any Police Officer or person authorised in this behalf, in carrying out the provisions of this Act.

S.115 Appeals and Revisions

(1) Any person aggrieved by an order passed by a Prohibition Officer other than the Commissioner, or the Deputy Commissioner under this Act, may within sixty days from the date of communication of such order appeal to the Deputy Commissioner.

(2) Any person aggrieved by an order passed by the Deputy Commissioner under this Act, other than an order under sub-section (1), may within ninety days from the date of the communication of the order, appeal to the Commissioner.

(3) Any person aggrieved by an order passed by the Commissioner under this Act, other than an order under sub-section (2), may within ninety days from the date of communication of the order appeal to the State Government.

(4) Subject to the foregoing provisions, appeals under this section shall be subject to the rules which the State Government may make in this behalf.

S.116 Revision

The State Government may call for and examine records of any proceedings before any Prohibition Officer including those relating to the grant or refusal of a licence, permit, pass or authorisation granted or applied for 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 such proceedings and may either annul, reverse, modify or confirm such order or pass such other order as it may deem fit:

Provided that no order shall be annulled, reversed, or modified, except after giving a reasonable opportunity of being heard to the person aggrieved thereby.

S.117 Officers and persons acting under this Act to be public servants

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, and the Prevention of Corruption Act, 1947 (Central Act II of 1947).

S.118 Bar of proceedings

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 the functions under this Act for anything in good faith done or purporting to be done under this Act.

S.119 Prohibition Officer deemed Police Officer for purposes of section 125 of Evidence Act

A Prohibition Officer shall be deemed to be a Police Officer within the meaning of this Act for the purposes of section 125 of the Indian Evidence Act, 1872.

S.120 Proceeding in case of default of person admitted on bail to appear before Prohibition Officer

When, by reason of default at appearance of a person bailed to appear before a Police or Prohibition Officer, such officer is of opinion that proceedings should be taken to compel payment of the penalty or penalties mentioned in the bond of the person bailed or of the surety or sureties, he shall forward the bond to the Magistrate having jurisdiction to inquire into or try the offence of which the person bailed was accused, and the Magistrate shall proceed to enforce payment of the penalty or penalties in the manner provided by the Code of Criminal Procedure, 1898, for the recovery of penalties in the like case of the default of appearance by a person bailed to appear before his own court.

S.121 Employment of additional Police

(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 58 to 63, the State Government may, by notification, direct the employment of additional police 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 applied; or
(b) specially on any particular section or sections, or class or classes of such persons and the State Government may direct the proportions in which such tax or rate shall be charged.

Explanation.--For the purposes of this section, "inhabita

S.122 Closing of shops

(1) It shall be lawful for the Deputy Commissioner, by notice in writing to the licensee, to require that any place in which any intoxicant or hemp is sold by retail shall be closed at such time or for such period as he may deem necessary, if, in the opinion of the Deputy Commissioner, such closing is necessary in the interest of public peace.

(2) If a riot or unlawful assembly is imminent or occurring, it shall be lawful for any 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.

(3) Any order given under this section shall be final.

S.123 General powers of State Government in respect of licences, etc.

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 authorisations throughout the State, or in any area;
(b) regulate the import, export, transport, possession, sale, purchase, consumption or use of any intoxicant, hemp, mhowra flowers, molasses or any article which is likely to be used for the manufacture of an intoxicant with or without licence, permit, pass or authorisation throughout the State, or within the limits of any local area, subject to such conditions and for such periods as it deems fit;
(c) exempt any person or institution or any class of persons or institutions from the observance of all or any of the provisions of this Act, or any rule or regulation or order made thereunder;
(d) exempt any intoxicant or class of intoxicants from all or any of the provisions of this Act;

S.124 Power of State Government to make rules

(1) The State Government may, by notification, make rules for the purpose of carrying out the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, the State Government may make rules--

(a) regulating the application of any powers by the Commissioner, by a Deputy Commissioner or by any other Prohibition Officer;
(b) regulating the import, export, transport, collection, sale, purchase, consumption, use or possession of any intoxicant or hemp, mhowra flowers or molasses;
(c) regulating the manufacture of any intoxicant;
(d) regulating the cultivation and collection of hemp;
(e) regulating the tapping of toddy producing in trees, and drawing of toddy therefrom;
(f) regulating the grant, suspension or cancellation of licences, permits, passes or authorisations for the import, export, transport, collection, sale, purchase, possession, manufacture, consumption, use or cult

S.125 Rules, regulations, etc., to be laid before State Legislature

Every rule or regulation made under this Act, every order made under section 123 and every notification issued under section 17 or section 130, shall be laid, as soon as may be after it is made, before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule, regulation, order or notification or both Houses agree that the rule, regulation, order or notification should not be made, the rule, regulation, order or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule, regulation, order or notification.

S.126 Commissioner's powers to make regulations

(1) The Commissioner may, with the approval of the State Government, make regulations, not inconsistent with the provisions of this Act or the rules made thereunder,--

(a) regulating, as the case may be, the manufacture, supply or storage of any intoxicant or hemp, mhowra flowers or molasses, including,-
(i) the erection, inspection, supervision, management and control of any place for the manufacture, supply or storage of such articles, and the fittings, implements and apparatus to be maintained therein;
(ii) the cultivation of hemp and the collection of the spontaneous growth of such plant and the preparation of any intoxicating drug from such growth and the storage and supply of such hemp or intoxicating drug;
(iii) the bottling of liquor;
(b) regulating the deposit of any intoxicant, hemp, mhowra flowers or molasses in a warehouse and the removal of such articles from any such warehouse or from any distillery or brewery;

S.127 This Act not applicable to import or export across customs frontier

For removal of doubts, it is hereby declared that nothing in this Act shall be deemed to apply to any intoxicant or other articles in respect of its import, or export across the customs frontiers.

S.128 Offences by companies, etc

(1) If the person committing an offence under this Act is a company, the company as well as every person in charge of, and responsible to the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this section has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of, any director, manager, secretary, or other officer of the company, such director, manag

S.129 Repeal and savings

(1) The enactments mentioned in Schedule A are hereby repealed:

Provided that section 6 of the 1 [Karnataka] General Clauses Act, 1899 1 [Karnataka] Act III of 1899), shall, subject to sub-section (2), be applicable in respect of such repeal and section 8 and section 24 of the said Act shall be applicable as if the said enactments were enactments within the meaning of section 6, section 8 and section 24 of the said Act and had been repealed and re-enacted by this Act:

Provided further, but subject to the preceding proviso, any permit, pass, licence or authorisation made or issued under any of the repealed enactments shall, so far as it is not inconsistent with the provisions of this Act, be deemed to have been made or issued under the corresponding provisions of this Act, and shall continue to be in force accordingly, unless and until it expires or is superseded by anything done or any action taken under this Act.

(2) On the repeal of the

S.130 Power to remove difficulties

(1) If any difficulty arises in giving effect to the provisions of this Act in consequence of the transition to the said provisions from the provisions of the Acts in force immediately before the commencement of this Act, the State Government may, by notification in the official Gazette, make such provisions as appear to it to be necessary or expedient for removing the difficulty.

(2) If any difficulty arises in giving effect to the provisions of this Act (other than in relation to the transition from the provisions of the Acts in force before the commencement of this Act), the State Government may, by notification, make such provisions, not inconsistent with the purposes of this Act, as appear to it to be necessary or expedient for removing the difficulty.