(2)Whoever in contravention of this Act, or of any rule, notification or order made, issued or given thereunder, or of any licence or permit granted under this Act,-(a)save in the cases provided for in section 37, sells any intoxicant; or(b)cultivates or fails to take the measures prescribed for checking the spontaneous growth or for the extirpation of the hemp plants; or(c)taps or draws toddy from any toddy-producing tree or;(d)constructs or works any distillery or brewery; or(e)uses, keeps or has in his possession any materials, still, utensil, apparatus or implement whatsoever for the purpose of manufacturing any intoxicant other than toddy ; or(f)removes any intoxicant from any distillery, brewery or warehouse licenced, established or continued under this Act ; or(g)bottles any liquor;shall, on conviction, [be punished for each offence with rigorous imprisonment for a term which may extend to [five years and with a fine which may extend to twenty thousand rupees] [Substituted by Act 1 of 1970 w.e.f. 23-12-1969]].[Provided that the punishment,-(i)for the first offence shall be not less than [one year rigorous imprisonment and fine of not less than five thousand rupees]; and(ii)for the second and subsequent offences shall be not less than [one year rigorous imprisonment and fine of not less than ten thousand rupees] [Substituted by Act 36 of 1987 w.e.f.10-8-1987] for each such offence.]
