- No [intoxicant] [Substituted by (4) by paragraph 3 jof and Schedule IV to the Governement of India (Adaptation of Indian Laws Order, 1937 for ther Words Excisable article], and no portion of the hemp plant (Cannabis sativa) from which an intoxicating drug can be manufactured or produced, shall be sold except under the authority and [in accordance with the terms and conditions of a license granted in that behalf by the Collector subject to the provisions of section 37A] [Substituted by Section 2 of the Bengal Excise (Amendment) Act, 1973 (West Bengal Act No. 4 of 1973) for the words subject to the terms and conditions of a license granted in that behalf by the Collector.] :Provided as follows:(1)a license for sale in more than one district shall be granted only by the Excise Commissioner [or by a Collector specially authorized in that behalf by the Excise Commissioner] [Added by Section 11(a) of the Bengal Excise (Amendment) Act, 1914 (Bengal Act No. 7 of 1914).];(1a)[ a license for sale granted under the Excise law in force in any other [State] [Clause (1 a) inserted by section 11(b) of the Bengal Excise (Amendment) Act. 1914 (Bengal Act No. 7 of 1914).] may, on such conditions as may be determined by the Excise Commissioner, be deemed to be a license granted under this Act;](2)a cultivator or owner of any hemp plant (Cannabis sativa) may sell, without a license, those portions of the plant from which an intoxicating drug can be manufactured or produced, to any person licensed under this Act to deal in the same, or to any officer whom the Excise Commissioner may authorize to purchase or receive the same;(3)no license shall be required for any of the following sales; namely :(a)the sale of foreign liquor lawfully procured by any person for his private use - when such sale is made by such person himself or on his behalf upon his quitting a station, or on behalf of his representatives in interest after his decease;(b)the sale of tart, [lawfully possessed] [Inserted by section 11(c) of the Bengal Excise (Amendment) Act, 1914 (Bengal Act No. 7 of 1914).] by a person in possession of the tree from which it was drawn, to a person licensed under this Act to manufacture or sell tan;(c)the sale of tan, [Lawfully possessed and] [Inserted by section 11(d), ibid.] intended to be used in the manufacture of gun or molasses, or(d)the sale of tan [Lawfully possessed and] [Inserted by section 11(d), ibid.]intended to be used in the manufacture of bread to a person holding a permit to use tan for the purpose of making bread; [or] [The word or and clause (e) added by section 11 (e), ibid.](e)the sale of tart lawfully possessed and intended to be used solely for the preparation of food for domestic consumption and not-(i)[as an intoxicating article] [Substituted by paragraph 3 of, and Schedule IV to, the Government of India (Adaptation of Indian Laws) Order, 1937 for the words as an intoxicant.], or(ii)for the preparation of any intoxicating article, or(iii)for the preparation of any article for sale.
