ABKARI ACT
Act No. 01 of 1077
5th day of August 1902
Amended by Acts* V of 1091, III of 1106, I of 1109, XIX of 1111, L of 1112, XIII of 1119 and XV of 1124, Proclamation V of 1112, Presidents' Act 1 of 1964, and Acts 10 of 1967, Act 8 of 1968, 16 of 1969, 14 of 1973, 10 of 1975, 24 of 1975, 21 of 1984 12 of 1995, 4 of 1996, 16 of 1997, 7 of 2002, 1 of 2003 and 12 of 2003.
The Act was passed by His Highness the 1[Maharaja] of Cochin on the 5th day of August 1902, corresponding to the 31st day of Karkadagom 1077 and extended to the whole of Kerala as per Act 10 of 1967 which received the assent of the President on 29th July, 1967.
WHEREAS it is expedient to consolidate and amend the law relating to the import, export, transport, manufacture, sale and possession of intoxicating liquor and of intoxicating drugs in the 2[State of Kerala] is enacted as follows:-
1. Substituted for Raja by Act 1 of 1109.
2. Substituted for the words Cochin State by Act 10 of 196
Read full ActS.1 Short title
This Act may be cited as "the 1[Abkari Act] 1 of 1077.
Extent.- It extends to the whole of the 2[State of Kerala].
3[Commencement.-- x x x]
1. Substituted for the words "Cochin Abkari Act" by Act 10 of 1967.
2. Substituted for the words "Cochin State" by Act 10 of 1967.
3. The paragraph "and it shall come into force in any Taluk or other local area within the said State to such extent and from such date as the Diwan by Notification shall direct" omitted by Section 5 (C) of Act, 10 of 1967.
S.2 Repeal of Enactments
From the date on which this Act comes into force 1[x x x], the enactment mentioned in the schedule hereto annexed shall be repealed to the extent specified in the third column of the said Schedule 1[x x x]:
Provided that all 2[Licences and privileges] granted under any of the said enactments in force on the date on which this Act comes into force 3[x x x] shall continue in force for the periods for which the same have been respectively granted, subject to the provisions of the enactments under which such 2[Licences and privileges] were granted:
Provided further that the said repeal shall not affect any act done, or any offence committed, or any proceedings commenced or any claim which has arisen or any penalty which has been incurred, before this Act comes into force.
1. Omitted by Act 10 of 1967.
2. Substituted by Act 10 of 1967.
3. Omitted by Act 10 of 1967.
S.3 Interpretation
In this Act, unless there be something repugnant in the subject or context:-
- (1) Abkari Revenue:-"Abkari Revenue" means revenue derived or derivable from any duty, fee, tax, fine or confiscation, imposed or order under the provisions of this Act, or of any other law for the time being in force relating to liquor or intoxicating drugs.
- (2) Abkari officer:- "Abkari Officer" means the 1[Commissioner of Excise] or any officer or other person lawfully appointed or invested with powers under Sections 4 or 5.
- 2[(2A) Blending:- "Blending" means the mixing of two different spirits of the same or different strength;
- (2B) Bonded Warehouse- "Bonded Warehouse" means a warehouse where liquor is stored in bond.]
- (3) Commissioner:- 3["Commissioner"] means the officer appointed by the 4[Government] under section 4, clause (a).
- 5(4) "Collector" means the Collector of a district and includ
S.4 The Government may, by notification in the Gazette
(a) 1[The Government may appoint an officer to control the administration of the Abkari Department:-Appoint an officer, who shall be styled the 2[Commissioner of Excise] and who shall, subject to the general control of the Government have 3[Control] of the administration of the Abkari Department and of the collection of the Abkari Revenue or of both;
(b) May appoint any person other than the Commissioner to perform all or any of his duties:- Appoint any person other than the 5[Commissioner of Excise] to exercise all or any of the powers and to perform all or any of the duties of the 4[Commissioner of Excise], subject to the control of the Government.
(c) May withdraw Abkari powers from commissioner or other officer appointed under clause (a) or clause (b):-Withdraw from the 6[Commissioner] or other officer appointed under clause (a) or clause (b) any or all of his powers in respect of the Abkari Revenue
S.5 The Government may, from time to time, make rules
(1) 1Prescribing the powers and duties under this Act to be exercised and performed by Abkari Officers of the several classes; and
(2) regulating the delegation by the Government or by the Commissioner of Excise of any powers conferred by this Act or exercised in respect of Abkari Revenue under any law for the time being in force]
1. Substituted by Section 4 of Act L of 1112.
S.5A Power of the Government to authorise officers to admit persons arrested to bail
1[The Government may, by notification, and subject to such conditions as may be prescribed in such notification empower all or any of the officers or classes of officers or persons mentioned in section 34, either by name, or in virtue of their office, throughout the 2[x x x] State or in any local area, to admit a person arrested under the section to bail to appear, when summoned or otherwise directed, before an Abkari Officer having jurisdiction to enquire into the offence for which such person has been arrested, and may cancel or vary such notification].
1. Inserted by Section 4 of Act V of 1091.
2. The word "Cochin" omitted by Section 9 of Act 10 of 1967.
S.6 Import of liquor or intoxicating drug
(1) 1[No liquor or intoxicating drug shall be imported unless the permission of the Government or any officer authorised by the Government in this behalf is obtained for the importation of such liquor or intoxicating drug and unless the duties, taxes, fees and such other sums as are due to the Government under this Act, in respect of such liquor or intoxicating drug, have been paid 2[or a bond for such payment on its importation has been executed.]
(2) A permission granted by the Government or such officer under subsection (1) shall subject to such conditions and restrictions as may be specified by the Government by notification in the Gazette.
1. Substituted for Sections 6 & 7 by Section 10 of Act 10 of 1967.
2. Inserted by section 3 of Act 4 of 1996.
S.7 Export of liquor or intoxicating drug
(1) No liquor or intoxicating drug shall be exported unless its export is permitted by the Government or any officer authorised by the Government in this behalf and unless:-
- (a) the duties, taxes, fees and such other sums as are due to the Government under this Act, in respect of such liquor or intoxicating drug, have been paid; or
- (b) a bond for such payment on its exportation or re-exportation has been executed.
(2) A permission granted by the Government or such officer under subsection (1) shall be subject to such conditions and restrictions as may be specified by the Government by notification in the Gazette.]
S.8 Section 8
1[(1) Prohibition of manufacture, import, export, transport, transit, possession, storage, sales, etc., of arrack No person shall manufacture, import export 2[without permit transit] possess, store, distribute, bottle or sell arrack in any form.]
3[(2) If any person contravenes any provisions of sub-section (1), he shall be punishable with imprisonment for a term which may extend to ten years and with fine which shall not be less than one lakh.]
1. Section 8 omitted by Act 10 of 1967 and again inserted by Act 10 of 1996. By Act 16 of 1997 section 8 renumbered as sub section 1 of that section and sub-section 2 inserted.
2. Substituted for the word "transit" by Act 16 of 1997 with effect from 3-6-1997.
3. Section 8 omitted by Act 10 of 1967 and again inserted by Act 10 of 1996. By Act 16 of 1997 section 8 renumbered as sub section 1 of that section and sub-section 2 inserted.
S.9 Prohibition of the transport of liquor
The Government may from time to time, by notification, prohibit the transport of liquor or of intoxicating drugs or of any kind of liquor or intoxicating drugs, from any local area into any other local area.
S.10 Transporting of liquor or intoxicating drug
No liquor or intoxicating drug, exceeding such quantity as the Government may, from time to time, prescribe by notification in the 1[x x x] Gazette either generally for the whole State or for any local area, shall be transported except under a permit issued under the provisions of the next following section.
2[x x x]
1. The word "Sirkar" omitted by Section 12(a) of Act 10 of 1967.
2. Proviso omitted Section 12(b) of Act 10 of 1967. The Proviso ran as follows : Provided that in the case of foreign liquor for bonafide private consumption of for sale at any pace at which the sale of such liquor is duly licensed or permitted under the provisions of this Act such permits shall be dispensed with, unless the Diwan shall, by notification, otherwise direct with respect to any local area.
S.11 Permits for transport
Permits for the transport of liquor or intoxicating drug may be issued by the 1[Commissioner] or by any person duly empowered in that behalf.
Such permits shall be either general for definite periods and kinds of liquor or intoxicating drugs, or special for specified occasions and particular consignments only.
Every permit shall specify:-
- (a) the name of the person authorised to transport liquor or intoxicating drugs;
- (b) the period for which the permit is to be in force;
- (c) the quantity and description of liquor or intoxicating drugs for which it is granted;
- (d) any other particulars which the Government may prescribe.
General permits shall be granted only to persons licensed under this Act and shall cover any quantity of liquor transported at any one time within the quantity specified in the permit.
Permits shall extend to and include servants and other persons employed by the grantees and acti
S.12 Section 12
1[(1)] Manufacture of liquor or intoxicating drug prohibited except under the provisions of this Act:
No liquor or intoxicating drug shall be manufactured.
2[x x x]
no toddy producing tree shall be tapped;
no toddy shall be drawn from any tree;
3[no distillery, brewery, winery or other manufactory in which liquor is manufactured shall be constructed or worked;]
4[x x x]
5[no liquor shall be bottled for sale; and]
no person shall use, keep or have in his possession any materials, still, utensil, implement or apparatus whatsoever for the purpose of manufacturing any liquory other than toddy or any intoxicating drug;
except under the authority and subject to the terms and conditions of a licence granted by the 6[Commissioner] in that behalf, or under the provisions of Section 21;
Provided that the Government may, by notification, direct that in any lo
S.12A Manufacture of preparations containing liquor or intoxicating drug
1[No preparation to which liquor or intoxicating drug is added during the process of its manufacture or in which alcohol is self generated during such process shall be manufactured in excess of the quantity specified by the Commissioner:
Provided that in specifying the quantity of a medicinal preparation, the Commissioner shall have due regard to the total requirement of that preparation for consumption or use in the State.
1. Inserted by Section 14 of Act 10 of 1967.
S.12B Utilisation of liquor or intoxicating drug in the manufacture, and limit of possession, of certain preparations
(1) No person shall utilise liquor or intoxicating drug in the manufacture of any preparation in excess of the quantity specified by the Commissioner and except under and in accordance with the terms and conditions of a licence granted by the Commissioner in that behalf:
Provided that where such preparation is a medicinal preparation, the Commissioner shall, in specifying the quantity of liquor or intoxicating drug, have due regard to the total requirement of such medicinal preparation for consumption or use in the State.
(2) No person shall possess any preparation containing liquor or intoxicating drug, other than a medicinal preparation for the bona-fide treatment, mitigation or prevention of disease in human beings or animals, in excess of the quantity specified by the Commissioner.]
S.13 Possession of liquor or intoxicating drugs in excess of the quantity prescribed by the Government prohibited
No person not being a licensed manufacturer or vendor of liquor or intoxicating drugs shall have in his possession any quantity of liquor or intoxicating drugs in excess of such quantities as the Government may from time to time, prescribe by notification, either generally 1[or specially with regard to persons, places or time] in respect of any specified description or kind of liquor or intoxicating drug, unless under a licence granted by the 2[Commissioner] in that behalf :
Provided that-
(1) No fee to be charged for license for possession for private consumption:- No fee shall be charged for any such license granted for the possession of such liquor or intoxicating drugs for bona-fide private consumption or use.
(2) Proviso as regards foreign liquor:- Nothing in this section extends to any foreign liquor 3[other than denatured spirit] in the possession of any warehouse man as such 4[x x x].
1. Substituted
S.13A Power to prohibit possession of liquor or drugs
1[The Government may, by notification, prohibit the possession by any person or class of persons either throughout the whole State or in any local area, of any liquor or intoxicating drug either absolutely or subject to such conditions as 2[the Government may prescribe]].
1. Inserted by Section 7 of Act XV of 1124
2. Substituted for the words "he may prescribe" by section 15 of Act 10 of 1967.
S.14 Establishment and control of distilleries breweries, warehouses, etc
1[The Commissioner may, with the previous approval of the Government.
- (a) establish public distilleries, breweries or wineries, or authorise the establishment of private distilleries, breweries, wineries or other manufactories in which liquor may be manufactured under a licence granted under this Act;
- (b) establish public warehouses or authorise the establishment of private warehouses wherein liquor may be deposited and kept 2[with or] without payment of duty under a licence granted under this Act;
- (c) Discontinue any public or private distillery, brewery, winery or other manufactory or warehouse so established;
- (d) prescribe the mode of supervision that may be necessary in a distillery, brewery, winery or other manufactory or warehouse so established, or in any other manufactory where preparations containing liquor or intoxicating drugs are manufactured, to ensure the proper collection of duties, taxes and other dues pa
S.15 Sale of liquor or intoxicating drug without licence prohibited, Power to exempt toddy
No liquor or intoxicating drug shall be sold without a licence from the 1[Commissioner], provided that a person having the right to the toddy drawn from any tree may sell the same without a licence to person licensed to manufacture or sell toddy under this Act 2[x x x x].
3[x x x x]
Provided 4[also] that the Government may 5[by notification] declare that any or all of the provisions of this Act, shall not apply in any local area to trees tapped, or to toddy drawn 6[under such conditions as the Government may prescribe.]
7[Nothing in this section applies to the sale of any foreign liquor legally procured by any person for his private use and sold by him or by auction on his behalf or on behalf of his representatives in interest upon his quitting a station, or after his decease]
8[x x x x]
1. Substituted for Superintendent by Section 2 of Act III of 1106
S.15A Consumption or use of liquor by persons under the age of 18 years prohibited
1[No person under the age of 18 years shall consume or use any liquor.
1. Inserted by Section 17 of Act 10 of 1967.
S.15B Sale of liquor to person under 18 years of age prohibited
No person licensed to sell liquor and no person in the employee of such licensed person or acting with the express or implied permission of such licensed person on his behalf shall sell or deliver any liquor to any person under the age of eighteen years.
S.15C Consumption of liquor in public places
No person shall consume liquor in any public place unless consumption of liquor in any such place is permitted under a licence granted by the Commissioner.
Explanation 1:- For the purpose of this section, public place means any street, Court, Police Station 1[or other public office or any club] or any place of public amusement or resort or on board any passenger boat or vessel or any public passenger vehicle, or a dining or refreshment room in a restaurant, hotel, rest-house, travellers bungalow or tourists bungalow where different individuals or groups of persons consume food, but shall not include any private residential room.
Explanation II:- For the purposes of explanation I, public passenger vehicle means a vehicle used for carrying passengers for hire or reward other than a vehicle which carries passengers for hire or reward under a contract, express or implied for the use of vehicle as a whole at or for a fixed or agreed rate or sum.]
1. S
S.16 Section 16
1[x x x x]
1. Section 16 Exclusive privileges of manufacture, etc, may be granted:- It shall be lawful for the Diwan to grant to any person or persons on such conditions and for such period as may seem fit, the exclusive or other privileges - (i) of manufacturing or supplying by wholesale; or (ii) of selling by retail; (iii) of manufacturing or supplying by wholesale and selling by retail; any country liquor or intoxicating drugs within any local area. No grantee of any privilege under this Section shall exercise the same until be has received a licence in that behalf from the Commissioner. In such cases, if the Diwan shall by notification so direct, the provisions by Section 12 relating to toddy and toddy producing trees shall not apply. Omitted by Section 3 of Presidents Act 1 of 1964.
S.17 Duty on liquor or intoxicating drugs
1[A duty of excise or 2[countervailing duty and/or luxury tax shall be levied, in such manner as may be prescribed, on liquors or intoxicating drugs,-
(a) permitted to be imported under section 6, or
(b) manufactured under any licence granted under section 12;
(c) manufactured at any distillery, brewery, winery or other manufactury established under section 14.
Provided that no duty or gallon age fee or vend fee or other taxes shall be levied under this Act on rectified spirit including absolute alcohol, which is not intended to be used for the manufacture of potable liquor meant for human consumption.
Explanation.- No liquor or intoxicating drug shall be permitted to be exported unless the duties, taxes, fees and such other sums as are due to the Government under this Act in respect of such liquor or intoxicating drug have been paid or a bond for such payment on its exportation or re-exportation has been executed.]
S.18 How duty or countervailing duty may be imposed
2[(1)] 3[Such duty of excise or 1[countervailing duty may be levied and collected:]
4[(a) in the case of spirit or beer, either on the quantity produced in or Beverages corporations exclusive privilege to sell liquor passed out of a distillery, brewery, winery or other manufactury licensed or established under section 12 or section 14, as the case may be or in accordance with such scale of equivalents, calculated on the quantity of materials used or by the degree of attenuation of the wash or wort on the value of liquor, as the case may be, as the Government may prescribe;]
5[(b) in the case of intoxicating drugs, on the quantity produced or manufactured under a licence granted under section 12 or issued from a warehouse licensed or established under section 12 or section 14;]
6[(c) x x x x]
6[(d) x x x x]
(e) in the case of toddy, or spirits manufactured from toddy,
S.18A Grant of exclusive or other privilege of manufacture, etc., on payment of rentals
(1) 1[It shall be lawful for the Government to grant to any person or persons, on such conditions and for such period as they may deem fit, the exclusive or other privilege-
- (i) of manufacturing or supplying by wholesale; or
- (ii) of selling by retail; or
- (iii) of manufacturing or supplying by wholesale and selling by retail, any liquor or intoxicating drugs within any local area on his or their payment to the Government of an amount as rental in consideration of the grant of such privilege. The amount of rental may be settled by auction, negotiation or by any other method as may be determined by the government, from time to time, and may be collected to the exclusion of, or in addition to the duty or tax leviable under Sections 17 and 18.
(2) No grantee of any privilege under sub-section (1) shall exercise the same until he has received a licence in that behalf from the Commissioner.
(3) in such cases, if the Government
S.19 Tax for tapping unlicensed trees from whom leviable
1[When duty of excise is levied] by way of tax on toddy trees under section 18, the Government may, by notification, direct that the licence required under Section 12 shall be granted only on the production by the person applying for it of the written consent of the owner, or person in possession, of such trees to the licence being granted to such person so applying for it; and when such notification has been issued, such tax shall, in default of payment by the licensee, be recoverable from the owner or other person in possession who has so consented.
When, in like case, trees are tapped without license, the tax due shall be recoverable primarily from the tapper or in default by him from the occupier, if any of the land, or if the trees do not belong to the occupier, of the land, or if the land is not occupied, from the person, if any, who owns or is in possession of the trees unless he proves that the trees were tapped without his consent.
1. Substitut
S.20 Duties may be farmed
1[All or any of the duties, tax and rentals] leviable under this Act in any Taluk or other local area may, with the sanction of the Government, be farmed, subject to such payment and on such other conditions as the Government shall prescribe, 2[Such farmers] shall take out licenses as such from the 3[Commissioner].
1. Substituted for the words all or any of the duties by section 9(i) of Presidents Act 1 of 1964.
2. Substituted for the words farmers of duties under this Section by Section 9(ii) of Presidents Act 1 of 1964.
3. Substituted for Superintendent by Section 2 off Act III of 1106.
S.21 Toddy farmer may grant license
When the exclusive privilege of manufacturing toddy has been granted under 2[Section 18A] the Government may declare that the written permission of the grantee to draw toddy shall have, within the area to which the privilege extends, the same force and effect as a licence from the 1[Commissioner] for that purpose under Section 12.
1. Substituted for Superintendent by Section 2 off Act III of 1106.
2. Substituted for the words and figures Section 16 by Section 10 of Presidents Act 1 of 1964.
S.22 Farmer may let or assign
In the absence of any contract or condition to the contrary any grantee of any exclusive or other privilege, may let or assign the whole or any portion of his privilege or farm. But no such lessee or assignee shall excise any rights as such unless and until the grantee or farmer, as the case may be shall have applied to the 1[Commissioner] for a licence to be given to such lessee or assignee, and such lessee or assignee shall have received the same.
1. Substituted for Superintendent by Section 2 off Act III of 1106.
S.23 Recovery by farmer of rents due to him
When any amount is due to a grantee, farmer, lessee or assignee of an exclusive privilege, under this Act, such grantee, farmer, lessee or assignee may make an application to the 1[Collector] for recovery of such amount on his behalf and on receiving such application, the 1[Collector] may, at his discretion, recover such amount as if it were an arrear of Land Revenue, and shall pay any amount so recovered to the applicant:
Provided that execution of any process issued by the 1[Collector] for the recovery of such amount shall be stayed if the person against whom the process is issued institute a suit in the Civil Court to contest the demand of such grantee, farmer, lessee or assignee and furnishes security to the satisfaction of the 1[Collector] for the payment of the amount which such court may adjust to be due from him;
Provided also that nothing contained in this section or done thereunder shall affect the right of any gra
S.24 Forms and conditions of licenses, etc
Every license or permit granted under this Act shall be granted-
- (a) on payment of such fees, if any;
- (b) for such period;
- (c) subject to such restrictions and on such conditions; and
- (d) shall be in such form and contain particulars - as the Government may direct either generally, or in any particular instance in this behalf.
S.25 Counterpart agreement to be executed by licensee
Every person taking out a license under this Act may be required to execute a counterpart agreement in conformity with the tenor of his license, and to give such security for the per-for mance of his agreement as the 1[Commissioner] may require.
1. Substituted for Superintendent by Section 2 of Act III of 1106.
S.26 Power to recall licenses, etc
The 1[Commissioner] may cancel or suspend any license or permit granted under this Act:-
- (a) if 2[any fee, duty, tax or rental] payable by the holder thereof be not duly paid; or
- (b) in the event of any breach by the holder of such license or permit or by his servant, or by any one acting with his express or implied permission on his behalf, of any of the terms and conditions of such license or permit; or
- 3[(bb) if the holder thereof or his servant, or any one acting with his express or implied permission on his behalf, sells or stores for sale liquor in any place other than the licensed premises; or,]
- 4[(c) if the holder thereof is convicted of any offence against this Act or of any cognizable and non-bailable offence or of any offence under the Dangerous Drugs Act, 1930, or under the Trade and Merchandise Marks Act, 1958, or under Sections 478 to 489 of the Indian Penal Code; or]
- (d) wher
S.27 Certain licensees required to keep instruments for testing, etc
1[Every person who manufactures or sells any liquor or intoxiating drugs under a license granted under this Act shall be bound:-
S.28 Recovery of duties
All duties, taxes, fines and fees payable to the 1[Government] direct under any of the foregoing provisions of this Act or of any license or permit issued under it, and all amounts due to the 1[Government] by any grantee of a privilege or by any farmer under this Act or by any person on account of any contract relating to the Abkari Revenue may be recovered from the person primarily liable to pay the same or from his surety (if any) as if they were arrears of Land Revenue, and, in case of default made by a grantee of a privilege or by a farmer, the 2[Commissioner] may take grant or farm under management at the risk of the defaulter or may declare the grant or farm forfeited, and re sell it at the risk and loss of the defaulter. When a grant or farm is under management under the section, the 2[Commissioner] may recover any moneys due to the defaulter by any lessee or assignee as if they were arrears of Land Revenue.
1. Substitut
S.29 Power to make rules
(1) 1[ 2[The Government may, by notification in the Gazette either prospectively or retrospectively, make rules for the purposes of this Act]
(2) In particular and without prejudice to the generality of the foregoing provision, the Government may make rules:-
- (a) regulating the mode in which toddy may be supplied to licensed vendors of the same, or to persons who distil spirits from it or who use it in the manufacture of bread;
- (b) for determining the number of licenses of each description to be granted in any local area;
- (c) for regulating the number, size and description of stills, utensils, implements and apparatus to be used in any 3[distillery, brewery, winery or other manufactory in which liquor is manufactured];
- (d) prescribing the instruments to be used in the testing of liquor and the tables of corrections according to temperature to be used therewith;
- (e) prescribing the weights to be
S.30 Magistrate may issue a search warrant on application
If 1[the Commissioner of Excise or] any Magistrate, upon information 2[obtained] and after such enquiry as he thinks necessary, has reason to believe that an offence under 3[x x x x] this Act has been committed, he may issue a warrant for the search for any liquor, intoxicating drug, materials, stills, utensil, implement or apparatus in respect of which the alleged offence has been committed.
Before issuing such warrant, the 4[Commissioner of Excise, or] Magistrate shall examine the informant on oath or affirmation, and the examination shall be reduced into writing in a summary manner and be signed by the informant and also by 4[the Commissioner of Excise or] Magistrate.
1. Inserted by Section 10(1) of Act L of 1112.
2. Substituted for the words given by an Abkari or Police Officer or any other person by Section 12 of Act V of 1091.
3. The words and figures Section 55 or Section
S.31 Power to certain Abkari and Police Officers to search houses, etc., without warrant
Whenever the 1[Commissioner of Excise] or any 2[Abkari Officer not below such rank as may be specified by the Government in this behalf or any Police Officer] not below the rank of 3[Sub Inspector] or a Police Station Officer, has reason to believe that an offence under 4[x x x x] this Act has been committed and that the delay occasioned by obtaining a search warrant under the preceding section will prevent the execution thereof, he may, after recording his reasons and the grounds of his belief at any time by day or night, enter and search any place and may seize anything found therein which he has reason to believe to be liable to confiscation under this Act, and may detain and search and, if he thinks proper, arrest any person found in such place whom he has reason to believe to be guilty of any offence under this Act:
5[x x x x]
1. Inserted by Section 10(2) of Act L of 1112.
2. Substituted f
S.32 Power to enter and Inspect place of Manufacture and sale
The 1[Commis-sioner of Excise] or any Abkari Officer not below the rank of 2[Preventive officer] or any Police Officer duly empowered in that behalf, may enter and inspect, at any time by day or by night, any place in which any licensed manufacturer carries on the manufacture of any liquor or intoxicating drug, or draws toddy, or stores any liquor or intoxicating drug or toddy, and may enter and inspect, at any time during which the same may be open, and place in which any liquor or intoxicating drug is kept for sale by any licensed person; and may examine, test, measure or weigh any materials, stills, utensils, implements, apparatus, liquor or intoxicating drugs found in such place.
1. Substituted for Superintendent of Abkari Revenue by Section 2 of Act III of 1106.
2. Substituted for the word (a) Sub-Inspector by Act 10 of 1967.
S.33 In case of resistence entry may be made by force, etc
1[(1)] If any officer empowered to make an entry under the provisions of the last two preceding sections, cannot otherwise make such entry, it shall be lawful for him to break open any outer or inner door, window and to remove any other obstacle to his entry into any such place.
1[(2) An Abkari Officer may without an order or without a warrant from a Magistrate, arrest and detain any person who obstructs him while in the execution or discharge of his duty or who has escaped from his lawful custody:
Provided that every person who is arrested and detained in custody shall be produced before the Magistrate within a period of twenty four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of Magistrate and no such person shall be detained in custody beyond the said period without the authority of a Magistrate:]
1. By Act 4 of 1996 Section 33 of the Act remembered as sub-section (1) of tha
S.34 Offenders may be arrested and contraband liquor, vehicles, etc. seized without warrant
(1) 1[Any 2[Abkari Officer] Department may arrest without warrant in any public thorough fare or open place other than a dwelling house, any person found committing an offence punishable under 3[this Act], and in any such thorough fare or public place may--
- (a) Seize and detain-
- (i) any liquor or intoxicating drug;
- (ii) any materials, still, utensil, implement or apparatus;
- (iii) any receptacle or package or covering; and
- (iv) any animal, cart, vessel or other conveyance, which he has reason to believe to be liable to confiscation under this Act;
- (b) search any person, animal, cart, vessel or other conveyance, package, receptacle or covering upon whom or in or upon which he may have reasonable cause to suspect any such liquor or intoxicating drug to be, or to be concealed.
4[(2) The provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974),
S.35 Arrest of persons refusing to give name or giving false name
Any person who may be accused or reasonably suspected of committing an offence under this Act, and who, on demand of any officer of the Abkari, Salt, Police, Land Revenue or Customs Departments or of any other person duly empowered, refuses to give his name and residence which such officer or person to believe to be false, may be arre-sted by such officer or person in order that his name and residence may be ascertained.
S.36 Searches how to be made
All searches under the provisions of this Act shall be made in accordance with the provisions of the 1[Code of Criminal Procedure, 1973 (Central Act 2 of 1974);]
2[Provided that the persons called upon to attend and witness such searches shall include at least two persons neither of whom is an Abkari, Police or Village Officer].
1. Substituted firstly by Act 10 of 1967 and again substituted by Act 16 of 1997.
2. Added by Section 11 of Act L of 1112.
S.37 Officers of certain Departments bound to assist
All officers of the Departments of Police, Customs, Salt and Land Revenue shall be legally bound to assist any Abkari Officer in carrying out the provisions of this Act.
S.38 Offences to be reported, etc
Every 1[Officer of Government] other than an Abkari Officer, shall be bound to give immediate information to an Abkari Officer, and every Abkari Officers shall be bound to give immediate information either to his immediate official superior or to an Abkari Inspector, of all breaches of any of the provisions of this Act, which may come to his knowledge; and all such officers shall be bound to take all reasonable measures in their power to prevent the commission of any such breaches which they may know or have reason to believe are about or likely to be committed.
1. Substituted for the words Sirkar Officer by Section 27 of Act 10 of 1967.
S.39 Land holders and others to give information
All jenmies, proprietors, tenants, under tenants and cultivators who own or hold land on which there shall be 1[any cultivation of the hemp or coca-plant or] any manufacture on liquor or intoxicating drugs not licensed under this Act shall in the absence of reasonable excuse, be bound to give notice of the same to a Magistrate or to an officer of the Abkari, Salt, Police, Customs or Land Revenue Departments immediately the same shall have come to their knowledge.
1. Inserted by Section 5 of Act XIX of 1111.
S.40 Procedure on arrest and seizure
(1) (a) 1[Any Officer arresting a person under Section 31, Section 34 or Section 35 shall him of the grounds for such arrest.
(b) Where an Abkari Officer arrests without warrant any person other than a person suspected of, or accused of, any non-bailable offence under this Act, such Officer shall inform the person arrested that he is entitled to be Officers of the Excise Department in Kerala are not police officers Effect of amendment to Sec. 50A released on bail and that he may arrange for sureties on his behalf.
(2) Every person arrested under Section 30 shall be produced before, and the article seized under that section shall be forwarded to, without unnecessary delay, the Magistrate or the Commissioner, as the case may be, by whom the warrant was issued.
(3) Every person arrested under Section 31 or Section 34 or Section 35 shall be produced before, and article seized under section 34 shall be forwarded to, without unnecessary delay,-
S.41 Disposal of persons arrested
(1) 1[Where any person accused of or suspected of, the commission of an offence punishable with imprisonment which may not extend to three years under this Act is arrested or brought in accordance with the provisions of Section 40, he may be released on bail, if sufficient bail be tendered for his appearance before the concerned Abkari Inspector or the Magistrate, as the case may be.
(2) Where a person accused of, or suspected of the commission of an offence punishable with imprisonment which may extend to three years or more under this Act is arrested or brought in accordance with the provisions of Section 40, he shall without any delay be produced before the Magistrate, who shall take such measures as may be necessary to proceed against such person in accordance with the provisions of the Code of Criminal Procedure, 1973, (Central Act 2 of 1974)]
1. Substituted by Act 16 of 1997, with effect from 3-6-1997 as Section 41 and Section 41A. Section 41 prio
S.41A Offences to be cognizable and non-bailable
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974),-
- (a) every offence punishable under this Act shall be cognizable;
- (b) no person accused of an offence punishable for a term of imprisonment of three years or more under this Act shall be released on bail or on his own bond unless-
- (i) the Public Prosecutor or the Assistant Public Prosecutor, as the case may be, has been given an opportunity to oppose the application for such release, and
- (ii) where the Public Prosecutor or the Assistant Public Prosecutor, as the case may be, opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.
(2) The limitations on granting of bail specified in clause (b) of sub section (1) are in addition to the limitations under the Code of Criminal Proce
S.42 Bond of accused and Sureties
Before any person is released on bail on bond, in such sufficient but not excessive, sum of money as the officer admitting him to bail things proper, shall be executed by such person and by
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