59. Penalty for illegal cultivation and collection of hemp and other matters.
Whoever, in contravention of the provisions of this Act, or of any rule or order made, or of any licence, permit, pass or authorisation issued thereunder,-(a)cultivates or collects hemp or collects any portion of hemp plant from which any intoxicating drug can be manufactured;(b)consumes, uses, possesses or transports any intoxicant or hemp;(c)taps or permits or suffers to be tapped, any toddy-producing tree;(d)draws or permits or suffers to be drawn, toddy from any tree;-shall, on conviction, be punished,-(i)for a first offence with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees: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(ii)for a second offence, with imprisonment for a term which may extend to two years and with fine which may extend to two thousand rupees: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;(iii)for a third and subsequent offences, with imprisonment for a term which may extend to two years and with fine which may extend to two thousand rupees: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 nine months and fine shall not be less than one thousand rupees.
