Section 47 in The Bihar and Orissa Excise Act, 1915
47. Penalty for unlawful import, export, transport, manufacture, possession, sale etc.
- [If any person, in contravention of this Act, or of any Rule, notification or order made, issued or given, or of any licence, permit or pass granted under this Act-] [Substituted by Act 14 of 1976.](a)imports, exports, transports, manufactures, collects, possesses or sells [any intoxicant] [Substituted by Orissa Act No.2 of 1999 O.G.E. No. 303 dated 23.2.1999.];(b)cultivates any hemp plant or collects or sells any portion of the hemp plant from which any intoxicating drug can be manufactured; or(c)taps or causes to be tapped, or draws or causes to be drawn, tari from any tari producing tree; or(d)bottles any liquor for purposes of sale; or(e)constructs or works any distillery or brewery or other manufacture in which liquor is manufactured; or(f)uses, keeps or has in his possession any materials, still, utensil implement instrument or apparatus whatsoever for the purpose of manufacturing any intoxicating drug or liquor, other than tari, or(g)removes any intoxicant from any distillery, brewery, warehouse or other place of storage, established, licenced or continued under this Act.(h)he shall, on conviction -(i)for the offence, other than any offence under Clause (c), be punishable with imprisonment for a term which shall not be less than [three years] [Substituted videO.A. No. 10 of 2006, O.G.E. No. 1261 dated 8.9.2006 (w.e.f. 1.6.2006).] but may extend to [seven years] [Substituted videO.A. No. 10 of 2006, O.G.E. No. 1261 dated 8.9.2006 (w.e.f. 1.6.2006).] and also with fine which shall not be less than [twenty thousand rupees] [Substituted videO.A. No. 10 of 2006, O.G.E. No. 1261 dated 8.9.2006 (w.e.f. 1.6.2006).] but may extend to [fifty thousand rupees;] [Substituted videO.A. No. 10 of 2006, O.G.E. No. 1261 dated 8.9.2006 (w.e.f. 1.6.2006).]-[Provided that where any such person collects, possesses or sells mohua flower, or possesses or sell tari or pachwai, he shall be liable to the punishment provided in Clause (ii);] [Substituted by Orissa Act No.2 of 1999 O.G.E. No. 303 dated 23.2.1999.] [* * *] [Omitted vide O.A. No. 10 of 2006, O.G.E. No. 1261 dated 8.9.2006 (w.e.f. 1.6.2006).][Provided further that where any person possesses or sells any outstill liquor manufactured out of Mahua flower from an authorised source not exceeding ten litres in contravention of this Act or any rule or order made thereunder, shall on conviction be punishable with imprisonment for a term which shall not be less than one year, but may extend to two years and with fine which shall not be less than rupees five thousand but may extend to rupees twenty thousand, and] [Inserted videO.A. No. 10 of 2006, O.G.E. No. 1261 dated 8.9.2006 (w.e.f. 1.6.2006).](ii)for an offence under Clause (c), be punishable with imprisonment for a term which may extend to [one year] [Substituted videO.A. No. 10 of 2006, O.G.E. No. 1261 dated 8.9.2006 (w.e.f. 1.6.2006).] or with fine which may extend to [ten thousand rupees] [Substituted videO.A. No. 10 of 2006, O.G.E. No. 1261 dated 8.9.2006 (w.e.f. 1.6.2006).] or with both.
