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gujarat prohibition | India Judgments | Law | CaseMine
If a 2[registered medical practitioner] issues a prescription with the intention that such prescription shall be used by the person to whom it is issued for the purpose of consuming liquor, intoxicating drug or opium in contravention of the provisions of this Act, or rule, regulation or order made thereunder or any licence, permit, pass or authorisation granted under this Act, he shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to guujarat thousand rupees or with both.
The duty on toddy-producing trees shall be leviable primarily from the person holding the licence 3[to tap them and to draw toddy therefrom] prohlbition in default by him or if the trees are tapped without pgohibition, from the owner of the trees.
The High Court, however, did not even care to examine whether the acquittal was right or wrong, but merely because it took the view that a further charge should have been framed against the appellant and accused Nos. Monopolies and Restrictive Trade Practices Commission.
The Bombay Prohibition Act, 1949
XXV ofProhibition against poss- ession of rotten gur in excess of prescribed limit. Penalty for illegal import, etc. Here in the present case, the High Court did not even consider whether the acquittal of the appellant was correct or not and without finding that the acquittal was erroneous, proceeded to set aside the acquittal and direct retrial. Provided that where a person who is reasonably suspected of having committed an offence under section 3[69, 70, or]is not the holder of a licence, permit, pass or authorization granted under this Act or a person in the employ of such holder or a person acting with his express or implied permission on his behalf the sum of money which may be accepted from such person by way of composition shall not exceed five hundred rupees:.
Meghalaya High Court 5. Filter Filter through years using slider. It is hereby enacted in the Sixtieth Year of the Republic of India as follows: Madhya Pradesh High Court. XXV ft of Chhattisgarh High Court Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the court such imprisonment shall not be less than three months and fine shall not be less than five hundred rupees].
Amended by Bombay 67 of While a common man faces prison term of up to life imprisonment if convicted for abetting accused involved in manufacture of spurious liquor that caused death of any person, a police officer or government officer convicted for the same offence could get maximum punishment of seven years, as per the latest amendments in Gujarat Prohibition Act.
On the commencement of this Act in the manner provided in sub-section 3 in any area to which this Act is extended by the Bombay Prohibition Extension and Amendment Act, Bom XII of all rules, regulations orders and notifications made or issued or deemed to be made or issued under this Act and in force in the pre -reorganisation State of Bombay excluding the transferred territories immediately before such commencement, shall also extend to, and be in force in that area.
Allahabad High Court Appellate Tribunal For Forfeited Property 1. It is hereby enacted in the Fourteenth Year of the Republic of India as follows: Board of Experts-5[ 1 6 [For the purpose of enabling the State Government to determine] whether. Every village officer or servant useful to Government, every officer of the State Government, and with the consent of the Central Government every officer of the Customs and Central Excise Departments.
That takes us to the second limb of the contention directed against the order of retrial on the further charge of possession of liquor. Amended by Bombay 12 of The 3[State] Government may, grant special permits for the use or consumption of foreign liquor 4[to any person who is.
Subject to any regulations to regulate the time, place and manner of payment made by the ‘[Commissioner] in this behalf, the duties referred to in Section may be levied in one or more of the following ways:.
Save in so far as may be expressly provided in any rule, regulation or order made under this Act, nothing in this Act shall apply in respect of any intoxicant, denatured spirituous preparations, hemp, mhowra flowers or molasses which are the property and in the possession of the Government. Jharkhand High Court Provided that in the case of manufacture of any of the articles mentioned in section 24A in which the alcohol is generated by a process of fermentation the amount of such alcohol shall not exceed 12 per cent.
But from that it does not necessarily follow that the acquittal must be restored.
Notwithstanding anything contained in this Act, the State Government shall have the exclusive right or privilege of importing, exporting, transporting, manufacturing, bottling, selling, buying, possessing or using any intoxicant, hemp or toddy and whenever under this Act or any licence, permit, pass, thereunder any fees are levied and collected for any licence, permit, pass, authorisation or other permission given to any person for any such purpose, such fees shall be deemed to include the rent or consideration for the grant of such right or privilege to that person by or on behalf of the State Government.
Whereas it is also necessary to amend and consolidate the Abkari law in the ‘[State] of Bombay for the said purpose and to provide for certain other purposes hereinafter appearing. C any penalt forfeiture or punishment incurred in respect of am offence committed against any Acts so repealed.
Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the Judgment of the Court, such imprisonment shall not be less than six months and fine shall not be less than one thousand rupees.
Board Of Revenue, Uttarakhand 0. Every person arrested and thing seized by a Prohibition Officer under this Act, shall be sent to the officer-in-charge of the nearest Police Station ‘[or to any other officer duly empowered under Section if the 2[Commissioner] in any particular case has directed such officer to conduct the investigation of the offence].
Calcutta High Court Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than six months and fine shall not be less than one thousand rupees:. The raiding party, also found five glasses and two empty bottles, all smelling of liquor, twelve empty soda water bottles and one full’ bottle containing liquor and these articles were seized by the raiding party in the presence of the panch witnesses and the panchnama was prepared.
First published, after having received the assent of the Governor in the ” Gujarat Government Gazette”, on the 17th September, It is the case of the prosecution that a secrete information was received by Mr. Two British nationals nationals given bail.
Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such. The following Act of the Gujarat Legislature, having been assented to by the Governor on the 16 ,h September, is hereby published for general information.
Bombay High Court On examining the record, it may either annul, reverse, modify or confirm such order, or pass such other order as it may deem fit. Appellate Tribunal For Forfeited Property. The officer in conducting the investigation shall have the same powers under sub-sections 1 and 2 as if he were the Prohibition Officer appointed for the area or for the purpose of investigating the said offence. The State preferred an appeal against the acquittal and manifestly, in this appeal, the acquittal could not be set aside unless the High Court, on a consideration of the evidence, came to the conclusion that the acquittal was wrong.
Provided that having regard to the nature of the outstill area of the Chanda District, the general backwardness gujarahi the people residing therein, and the necessity of preparing an adequate background before the introduction of prohinition therein, the State Government may, if it thinks fit, fix a different date for bringing the Act into force in that area.
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Full text of “The Bombay Prohibition (Gujarat Amendment) Act, “
Karnataka High Court 199 attempts to commit or abets the commission of an offence under this Act shall, on conviction, be punished for such attempt or abetment with the same ghjarat as is provided for the principal offence. Sections 65 e and 81 the Gujarat Prohibition Act, Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than three months and fine shall not be less than five hundred rupees.
Whether an accused is in possession of liquor or not must depend on the facts and circumstances of each case.