(1)Whoever in contravention of the provisions of this Act, or of any rule, regulation or order made or of any licence, permit, pass or authorization issued, thereunder—(b)consumes or uses any intoxicant (other than opium) or hemp,(c)taps or permits to be tapped any toddy producing tree,(d)draws or permits 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 and with fine which may extend to ten thousand rupeesProvided 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 five thousand rupees(ii)for second offence, with imprisonment for a term which may extend to two years and with fine which may extend to twenty 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 ten thousand rupees ;(iii)for a third or subsequent offences, with imprisonment for a term which may extend to two years and with fine which may extend to twenty 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 that ten thousand rupees .
