(1)No person not being licensed to manufacture, cultivate, collect or sell any [intoxicant] [Substituted by Paragraph 3 of and Schedule IV to the Government of India (Adaptation of indian Lawws) Order, 1937 for the Words excisable article] shall have in his possession any quantity of any [intoxicant] [Substituted by Paragraph 3 of and Schedule IV to the Government of India (Adaptation of indian Lawws) Order, 1937 for the Words excisable article] in excess of such quantity as the [State Government] [Substituted by paragraph 4(1) of the Adaptation of Laws Order, 1950 for the words Provincial Government, which were earlier Substituted by paragraph 4(1) of the Government of India (Adaptation of Indian Laws) Order, 1937 for the words Local Government.] has, under section 5, declared to be the limit of a retail sale, except under a permit granted by the Collector in that behalf.(2)[Save as the State Government may by rule made under section 85 otherwise provide, sub-section (1) shall not apply to-] [Substituted by Section 14(1) of the Bengal Excise (Amendment) Act, 1965 (West Bengal XXXIV of 1965) for the words, brackets and figure Sub-section (1) shall not apply to.](a)any foreign liquor (other than denatured spirit) which is in the possession of any common carrier of warehouseman as such, or(b)any foreign liquor which has been purchased by any person for his bona fide private consumption and not for sale, or(c)tari intended to be used in the manufacture of gur or molasses, [or] [Inserted by Section 2 of, and the First Schedule to, the Bengal Repealing and Amending Act, 1938 (Bengal Act No. 1 of 1939).](d)[ tari intended to be used solely for the preparation of food for domestic consumption, and not [Clause (d) inserted by Section 10 of the Bengal Excise (Amendment) Act, 1914 (Bengal Act No. 7 of 1914).](i)[as an intoxicating article], or(ii)for the preparation of any intoxicating article, or(iii)for the preparation of any article for sale.](3)[A person licensed to manufacture, cultivate, collect or sell any intoxicant] [Substituted by Section 14(2) of the Bengal Excise (Amendment) Act, 1965 (West Bengal Act 39 of 1965) for the words A licensed vendor.] shall not have in his possession at any place other than that authorized by his license any quantity of any [intoxicant] [Substituted by paragraph 3 of, and Schedule IV to, the Government of India (Adaptation of Indian Laws) Order, 1937 for the words excisable article.] in excess of such quantity as the [State Government] [Substituted by paragraph 4(1) of the Adaptation of Laws Order, 1950 for the words Provincial Government, which were earlier Substituted by paragraph 4(1) of the Government of India (Adaptation of Indian Laws) Order, 1937 for the words Local Government.] has, under section 5, declared to be the limit of a retail sale, except under a permit granted by the Collector in that behalf.(4)[ Notwithstanding anything contained in the foregoing sub-sections, if the State Government thinks fit so to do on the ground of health, morality public order, it may, by notification, prohibit, either absolutely or subject to such condition as it may prescribe, the possession in the whole of West Bengal or in any specified local area of any intoxicant by all persons generally or by any specified class or classes of person] [Sub-section (4) Substituted by Section 14(3) of the Bengal Excise (Amendment) Act, 1965 (West Bengal Act 39 of 1965).]
