OFFENCES AND PENALTIES

Penalty for unlawful import, export, transport manufacture, possession, sale, etc.

§60

Summary

1[ 60. (1) Whoever, in Contravention of this Act or of any rule or order made thereunder, or of any license, permit or pass obtained thereunder :— (a) exports any intoxicant ; or (b) transports or possesses any intoxicant which is not covered under section 63 of this Act ; or (c) collects or sells the leaves and stalks (not accompanied by flowering or fruiting tops) of natural and spontaneous growth of wild Indian Hemp plant (Cannabis Sativa) other than charas, ganja or any other intoxicating drug covered under the Narcotic Drugs and Psychotropic Substances Act, 1985 ; or (d) constructs or works any distillery, brewery, manufactory or vintnery ; or (e) uses, keeps or has in his possession any material, still, utensil, implement or apparatus, whatsoever, for the purpose of manufacturing any intoxicant other than tari ; or (f) removes any intoxicant from any distillery, brewery, manufactory, vintnery or warehouse licensed, established or continued under this Act ; or (g) bottles any liquor for the purposes of sale ; or (h) sells any intoxicant, save in the case provided for by section 61 ; or (i) taps, or draws tari from any tari-producing tree in the areas notified under section 42 ; shall be punished with imprisonment which may extend to two years and with fine which may extent to one thousand rupees in the case of an offence under sub clause (i) and in any other case, with imprisonment which may extend to three years and with fine which shall, not be less than ten times of the amount of consideration fee or duty which would have been leviable if such intoxicant had been dealt with in accordance with this Act and the rules and orders made thereunder or in accordance with any license, permit or pass obtained thereunder, or two thousand rupees whichever is greater. (2) Whoever in contravention of this Act or any rule or order made thereunder or of any license, permit or pass, obtained under this Act, manufactures any intoxicant shall be punished with imprisonment which shall not be less than six months and which may extend to three years and also with fine which shall not be less than five thousand rupees and which may extend to ten thousand rupees. (3) Whoever, in contravention of this Act, or any rule or order made thereunder, consumes any intoxicant, shall be punished with fine which shall not be less than one thousand rupees and which may extend to two thousand rupees. ]

1[ 60. (1) Whoever, in Contravention of this Act or of any rule or order made thereunder, or of any license, permit or pass obtained thereunder :— (a) exports any intoxicant ; or (b) transports or possesses any intoxicant which is not covered under section 63 of this Act ; or (c) collects or sells the leaves and stalks (not accompanied by flowering or fruiting tops) of natural and spontaneous growth of wild Indian Hemp plant (Cannabis Sativa) other than charas, ganja or any other intoxicating drug covered under the Narcotic Drugs and Psychotropic Substances Act, 1985 ; or (d) constructs or works any distillery, brewery, manufactory or vintnery ; or (e) uses, keeps or has in his possession any material, still, utensil, implement or apparatus, whatsoever, for the purpose of manufacturing any intoxicant other than tari ; or (f) removes any intoxicant from any distillery, brewery, manufactory, vintnery or warehouse licensed, established or continued under this Act ; or (g) bottles any liquor for the purposes of sale ; or (h) sells any intoxicant, save in the case provided for by section 61 ; or (i) taps, or draws tari from any tari-producing tree in the areas notified under section 42 ; shall be punished with imprisonment which may extend to two years and with fine which may extent to one thousand rupees in the case of an offence under sub clause (i) and in any other case, with imprisonment which may extend to three years and with fine which shall, not be less than ten times of the amount of consideration fee or duty which would have been leviable if such intoxicant had been dealt with in accordance with this Act and the rules and orders made thereunder or in accordance with any license, permit or pass obtained thereunder, or two thousand rupees whichever is greater. (2) Whoever in contravention of this Act or any rule or order made thereunder or of any license, permit or pass, obtained under this Act, manufactures any intoxicant shall be punished with imprisonment which shall not be less than six months and which may extend to three years and also with fine which shall not be less than five thousand rupees and which may extend to ten thousand rupees. (3) Whoever, in contravention of this Act, or any rule or order made thereunder, consumes any intoxicant, shall be punished with fine which shall not be less than one thousand rupees and which may extend to two thousand rupees. ]

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