Uttarakhand (the U.P Excise Act, 1910)(Amendment) Act, 2019 9
Section 9 · Amendment of Section 60
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- For Section 60 of the principal Act, the following section shall be substituted, namely-"60. (1) Whoever, in Contravention of this Act or of any rule or order made thereunder, or of any licence, permit or pass obtained thereunder-(a)Exports any intoxicant; or(b)Transport or possesses any intoxicant which is not covered under Section 63 of this Act; or(c)Collects or sells the leaves and small 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 operate any distillery, brewery, manufactory or vintnery; or(e)Uses, keeps or has in his possession any material, still, utensil, tools 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 licence, 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 extend to ten thousand rupees in the case of an offence under sub-clause (j) 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 excise revenue which would have been leviabled if such intoxicant had been dealt with in accordance with this Act and the rules and orders made thereunder or in accordance with any licence, permit or pass obtained thereunder or minimum five thousand but not exceeding minimum five thousand till twenty thousand rupees whichever is greater.
(2)
Whoever in contravention of this Act or any rule or order made thereunder or of any licence, permit or pass, obtained under this Act, manufacturers any intoxicant shall be punished with the 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 twenty thousand rupees.(3)
Whoever, is 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 five thousand rupees and which may extend to ten thousand rupees.".The offence at a glance
- Maximum punishment
- 3 years
- Statutory minimum
- 6 months
- Fine
- ₹20,000
- Cognizable
- Cognizable
- Bailable
- Non-bailable
- Compoundable
- Not compoundable
- Triable by
- Magistrate of the first class
- Cognizable — Police may arrest without a warrant
- Non-bailable — Bail is at the court's discretion
Sub-sections of this section carry different penalties; the maximum is shown.
Derived from the First Schedule Part II rule — not listed section by section
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