Section 65State of Gujarat Act

Section 65: Penalty for illegal import, etc. of intoxicant or hemp

Gujarat Prohibition Act, 1949

Penalty for illegal import, etc. of intoxicant or hemp.

- Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made or of any licence, pass, permit or authorisation granted thereunder-

(a)

imports or exports any intoxicant [(other than opium)] [These brackets and words were inserted, by Bombay 22 of 1960, Section 49(a).] or hemp,

(b)

manufactures any intoxicant [(other than opium)] [These brackets and words were inserted, by Bombay 22 of 1960, Section 49(a).],

(c)

constructs or works any distillery or brewery,

(d)

bottles liquor,

(e)

[possesses, transports, sells or buys] [Substituted 'sells or by' by Gujarat Act No. 9 of 2017, dated 16.3.2017.] any intoxicant [(other than opium)] [These brackets and words were inserted, by Bombay 22 of 1960, Section 49(a).] or hemp, or

(f)

uses, keeps or has in his possession any materials, still, utensils, implements or apparatus for the purpose of manufacturing any intoxicant [(other than opium)] [These brackets and words were substituted for the brackets and words '(other than toddy)' by Bombay 22 of 1960, Section 49 (b).].

(g)

[ cultivates or collects hemp.] [This clause was inserted by Bombay 22 of 1960, Section 49 (c).]

[[shall, on conviction, be punished for each such offence with imprisonment for a term which may extend to ten years and with fine which may extend to five lakh rupees;Provided that, in absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court,-

(i)

for a first offence, such imprisonment shall not be less than two years and fine shall not be less than two lakh rupees;

(ii)

for a second offence, such imprisonment shall not be less than three years and fine shall not be less than two lakh rupees;

(iii)

for a third or subsequent offence, such imprisonment shall not be less than seven years and fine shall not be less than five lakh rupees.] [This portion was substituted for the portion beginning with the words 'shall on conviction be punished' to the end of the section by Bombay 22 of 1960, Section 49(d).]

Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the Court,-

(i)for a first offence, such imprisonment shall not be less than six months, and fine shall not be less than five hundred rupees;

(ii)for a second offence such imprisonment shall not be less than nine months, and fine shall not be less than one thousand rupees;

(iii)for a third or subsequent offences, such imprisonment shall not be less than one year and fine shall not be less than one thousand rupees.]

Sec 65A — [ Punishment for laththa. [Inserted by Gujarat Act No. 29 of 2011, dated 1.12.2011.]

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