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Offence and Punishment under Abkari Act, I of 1077

Section of Punishment Compoundable or


Sl.No. Offence Punishment
Law Section not

Bailable Offences

a. Common Offences

Fine which may extend to five thousand


Transport : Transporting of liquor or indoxicating drug,
rupees or with imprisonment for a term Compounding Fee
1 exceeding such quantity notified by the Government, 10 63
which may extend to two years or with - Rs.5,000/-
without a trasport permit.
both.
Fine which may extend to five thousand
Possession : Possession of liquor or intoxicating drugs, in rupees or with imprisonment for a term Compounding Fee
2 13 63
excess of the quantity prescribed. which may extend to two years or with - Rs.5,000/-
both.
Fine which may extend to five thousand
Consumption by Minors :Consumption or use of liquor by rupees or with imprisonment for a term Compounding Fee
3 15A 63
persons under the age of 23 years which may extend to two years or with - Rs.5,000/-
both.
Fine which may extend to five thousand
Sale to Minors : Sale of liquor to persons under the age of 23 rupees or with imprisonment for a term Compounding Fee
4 15B 63
years which may extend to two years or with - Rs.5,000/-
both.
Fine which may extend to five thousand
Consumption in public places : Consumption of liquor in rupees or with imprisonment for a term Compounding Fee
5 15C 63
public places, unless permitted under a licence. which may extend to two years or with - Rs.5,000/-
both.
Imprisonment for a term which may
Taps toddy : Taps or causes to be tapped any toddy
extend to one year or with fine which Compounding Fee
6 producing tree, in contravention of the Act or of any rules or 55(d) 55(2)
may extend to ten thousand rupees or - Rs.10,000/-
order made under the Act.
with both.
Section of Punishment Compoundable or
Sl.No. Offence Punishment
Law Section not
Imprisonment for a term which may
Draws toddy : Draws or causes to be drawn toddy from any
extend to one year or with fine which Compounding Fee
7 tree, in contravention of the Act or of any rules or order 55(e) 55(2)
may extend to ten thousand rupees or - Rs.10,000/-
made under the Act.
with both.
Imprisonment for a term which may
Unlawful advertisement : Prints, publishes or gives any
extend to six months or with fine which
8 advertisement soliciting use of or offering any liquor or 55H 55H
may extend to twenty five thousand
intoxicating drug.
rupees or with both.
Simple imprisonment for a term which
Exhibition without warning : Picturising and exhibiting scene
may extend to six months or with fine
9 of cinema, containing use or consumption or exhibition of 55I(1) 55I(2)
which may extend to ten thousand
liquor in theatre without statutory warning.
rupees or with both.
Consumption of preperations : Consumption of
preperations containing liquor or intoxicating drug other Fine which may extend to five thousand Compounding Fee
10 56A(2) 56A(2)
than bonafide medicinal preperations in the business, rupees. - Rs.5,000/-
manufacturing or stocking premises.
Fine which may extend to ten thousand
Vexatious delay : Vexatiously delays forwarding any person
rupees or with imprisonment for a term
11 arrested, or any articles seized under the Act, to an Abkari 60 60
which may extend to one year or with
Inspector, as required by section 40.
both.
Other Offences : Guilty of any act or intentional omission in Fine which may extend to five thousand
contravention of any of the provisions of the Act, or of any rupees or with imprisonment for a term
12 63 63
rule or order made under the Act, and not otherwise which may extend to two years or with
provided for in the Act both.
Allowing land, building, room etc. : Permits to use the land,
Fine which shall not less than twenty five
13 building, room, space or enclosure for manufacture, sale or 64A 64A
thousand rupees.
storing for sale of liquor or intoxicating drug.
Section of Punishment Compoundable or
Sl.No. Offence Punishment
Law Section not

b. Offences in relation to the licensees

Misconduct by Licensee etc : The holder of a licence or


1 permit granted unde the Act, or being in the employ of such 56
holder and acting on his behalf-

(a). Fail to produce licence or permit on the demand of any


56(a)
Abkari Officer or of any other empowered officer.
Imprisonment for a term which may
(b). Wilfully does or omits to do anything in breach of any of extend to six months or with fine which Compounding Fee
56(b) 56
the conditions of his license or permit. may extend to twenty five thousand - Rs.25,000/-
(d). Permits drunkenness, riot or gaming in any place in rupees or with both.
which any liquor or intoxicating drug is sold or 56(d)
manufactured.
(e). Permits persons of notoriously bad character to meet or
remain in any place in which any liquor or intoxicating drug is 56(e)
sold or manufactured.
Imprisonment for a term which may
Mixing starch : Mixes or permits to be mixed with starch in extend to six months or with fine which Compounding Fee
2 57(aa) 57(ii)
the liquor or intoxicating drug, by the holder of a license. shall no be les than twenty five thousand - Rs.25,000/-
rupees.
Section of Punishment Compoundable or
Sl.No. Offence Punishment
Law Section not

Non-bailable Offences

a. Common Offences

Imprisonment for a term which may


Arrack : Manufacture, import, export, transport, possess,
1 8(1) extend to ten years and with fine which 8(2) Not
store, distribute, bottle or sell arrack in any form.
shall not be less than rupees one lakh.
Imprisonment for a term which may
Counterfeiting security sticker : Counterfeiting, selling, etc. extend to five years or with a fine which
2 12C 55C
of label or security sticker. may extend to rupees one lakh or with
both.
Imports, exports, etc. :Imports, exports, transports, transists Imprisonment for a term which may
3 or possesses liquor or any intoxicating drug, in contravention 55(a) extend to ten years and with fine which 55(1)
of the Act or of any rules or order made under the Act. shall not be less than rupees one lakh.
Manufacture : Manufactures liquor or any intoxicating drus, Imprisonment for a term which may
4 in contravention of the Act or of any rules or order made 55(b) extend to ten years and with fine which 55(1)
under the Act. shall not be less than rupees one lakh.
Construct manufactory : Construct or works any distillery,
Imprisonment for a term which may
brewery, winery or other manufactory in which liquor is
5 55(f) extend to ten years and with fine which 55(1)
manufactured, in contravention of the Act or of any rules or
shall not be less than rupees one lakh.
order made under the Act.
Materials, still, utensil, implement or apparatus : Uses,
keeps, or has in his possession any materials, still, utensil,
Imprisonment for a term which may
implement or apparatus whatsoever for the purpose of
6 55(g) extend to ten years and with fine which 55(1)
manufacturing liquor other than toddy or any intoxicating
shall not be less than rupees one lakh.
drug, in contravention of the Act or of any rules or order
made under the Act.
Bottles liquor : Bottles any liquor for purpose of sale, in Imprisonment for a term which may
7 contravention of the Act or of any rules or order made under 55(h) extend to ten years and with fine which 55(1)
the Act. shall not be less than rupees one lakh.
Section of Punishment Compoundable or
Sl.No. Offence Punishment
Law Section not
Sells or stores for sale : Sells or stores for sale liquor or any Imprisonment for a term which may
8 intoxicating drug, in contravention of the Act or of any rules 55(i) extend to ten years and with fine which 55(1)
or order made under the Act. shall not be less than rupees one lakh.
Imprisonment for a term which may
Rendering denatured spirit : Rendering or attempting to extend to five years and with fine which
9 55B 55B
render denatured spirit fit for human consumption. shall not be less than twenty five
thousand rupees or both.
Criminal Conspiracy : Agrees to do or causes to be done an
Same punishment provided for the
illegal act under the Act, and does such an illegal act in
10 55D offence committed (for each person of
pursuance of such agreement, by any one or more of the
the criminal conspiracy)
parties.
False marking of property : False marking of property or use
Imprisonment for a term which may
of false property mark, on any case, package, or other
extend to three years or with fine which
11 receptacle or any vehicle or goods or other moveble 55E 55E
may extend to one lakh rupees or with
property containing liquor or drug, or removes or alter or
both.
destroys the original or genuine mark.
Imprisonment for a term which may
Possession of false maked property : Possession and control
extend to three years or with fine which
12 of things described in section 55E, uses or intended to be 55F 55F
may extend to one lakh rupees or with
used for traffic of liquor or intoxicating drug.
both.
Making or using false document : Dishonestly or
Imprisonment for a term which may
fraudulently or without lawful authority makes any
extend to three years or with fine which
13 document or alters the content of any document, intending 55G 55G
may extend to one lakh rupees or with
to manufacture, store, sell or to transport any liquor or
both.
intoxicating drug.
Allowing consumption of Preperations : Allowing
consumption of any preperation containing liquor or
14 intoxicating drug in business premises, otherwise than for 56A(1)(a)
the bonafide treatment, mitigation or prevention of any Imprisonment for a term which may
disease. extend to five years and with fine which
56A(1)
shall not be less than fifty thousand
rupees.
Section of Imprisonment for a term which may Punishment Compoundable or
Sl.No. Offence Punishment
Law extend to five years and with fine which Section not
56A(1)
Manufactures or stocks preperations : Manufactures or shall not be less than fifty thousand
stocks or causes to be manufactured or stocked any rupees.
15 preperation containing liquor or intoxicating drug, other 56A(1)(b)
than a bonafide medical preperations, within the business
premises.
Adulteration with noxious sustances : Mixes or permits to
be mixed any noxious sustance or any substance which is
16 57A(1)
likely to endanger human life or to cause grievous hurt to
human being, with any liquor or intoxicating drug.
Imprisonment for a term which shall not
be less than two years but which may
(i) if grievous hurt is caused to any person 57A(1)(i) extend to imprisonment for life, and with 57A(1)(i)
fine which may extend to fifty thousand
rupees.
Death or imprisonment for a term which
shall not be less than three years but
(ii) if death is caused to any person 57A(1)(ii) which may extend to imprisonment for 57A(1)(ii)
life, and with fine which may extend to
fifty thousand rupees.
Imprisonment for a term which shall not
be less than one year, but which may
(iii) in other cases 57A(1)(iii) extend to ten years, and with fine which 57A(1)(iii)
may extend to twenty five thousand
rupees.
Omission to take reasonable precautions : Omits to take
reasonable precautions to prevent the mixing of any noxious
17 substance or any substance which is likely to endanger 57A(2)
human life or to cause grievous hurt to human being, with
any liquor or intoxicating drug.
Imprisonment for a term which shall not
be less than two years but which may
(i) if grievous hurt is caused to any person 57A(2)(i) extend to imprisonment for life, and with 57A(2)(i)
fine which may extend to fifty thousand
rupees.
Section of Punishment Compoundable or
Sl.No. Offence Punishment
Law Section not
Imprisonment for a term which shall not
be less than three years but which may
(ii) if death is caused to any person 57A(2)(ii) extend to imprisonment for life, and with 57A(2)(ii)
fine which may extend to fifty thousand
rupees.
Imprisonment for a term which shall not
be less than one year, but which may
(iii) in other cases 57A(2)(iii) extend to ten years, and with fine which 57A(2)(iii)
may extend to twenty five thousand
rupees.
Possession of liquor mixed with noxious substance : Imprisonment for a term which shall not
Possesses any liquor or intoxicating drug, with knowledge be less than one year, but which may
18 that it is mixed with any noxious substance or any substance 57A(3) extend to ten years, and with fine which 57A(3)
which is likely to endanger human life or to cause grievous may extend to twenty five thousand
hurt to human being, rupees.
Possession of illicit liquor : Possession of any quantity of
Imprisonment for a term which may
liquor or of any intoxicating drug, knowing the same to have
19 58 extend to ten years and with fine which 58
been unlawfully imported, transported or manufactured, or
shall not be less than rupees one lakh.
knowing the duty etc. not to have been paid.
Imprisonment for a term which may
Sale of certain preperations : Sells any preperation which he
extend to five years or with a fine which
20 knows or has reason to believe is intended to serve as a 58A 58A
may extend to fifty thousand rupees or
substitute for alcohol or intoxicating drug.
with both.
Manufacture of certain preperations : Manufactures any
21 58B(1)(a)
preperations which can be used as a substitute for alcohol.
Imprisonment for a term which may
Adds intoxicating substance to alcoholic preperation : Adds
extend to three years and with fine which
22 any sustance, which produces intoxication, drowsines, sleep, 58B(1)(b) 58B(1)
may extend to twenty five thousand
stupification or insensibility, to any alcoholic preperation
rupees.
Imports, exports, etc. : Imports, exports, transports,
23 possesses or sells any alcoholic preperation containing 58B(1)(c)
ingredients not approved by the Commissioner.
Section of Punishment Compoundable or
Sl.No. Offence Punishment
Law Section not
Vexatious search or arrest : Enters or searches or causes to
Imprisonment for a term which may
be searched any closed place without reasonable ground of
extend to three years or with fine which
24 suspicion, or vexatiously seizes the property of any person, 59 59
may extend to twenty five thousand
or vexatiously detains, searches or arrests any person, or
rupees or with both.
vexatiously exceeds lawful powers.
Fine which may extend to twenty five
Abetment of escape of persons arrested : Unlawfully
thousand rupees or with imprisonment
25 releases or abets the escape of any person arrested, or abet 61 61
for a term which may extend to three
the commission of any offence, etc.
years or with both.

b. Offences in relation to the licensees

Adulteration : Mixes or permits to be mixed with the liquor Imprisonment for a term which may
or intoxicating drug, by the holder of a license, any non- extend to five years or with fine which
1 57(a) 57(i)
noxious drug or any ingradient other than starch, or any non- may extend to fifty thousand rupees or
noxious prohibited articles. with both.

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