(1)Whoever in any street or thoroughfare or public place or, in any place to which the public have or are permitted to have access-(i)is drunk and incapable of taking care of himself, or(ii)behaves in a disorderly manner under the influence of drink, or(iii)drinks or has drunk any quantity whatsoever whether or not he behaves in a disorderly manner or is incapable of taking care of himself, and who is not the holder of a permit granted under the provisions of this Act or is not eligible to hold a permit under this Act,shall, on conviction, be punished-(i)for an offence under Clause (i) or Clause (iii)-(a)for a first offence, with imprisonment for a term which may extend to three months or with fine which may extend to two hundred rupees or with both;(b)for a subsequent offence, with imprisonment for a term which may extend to six months and with fine which may extend to five hundred rupees :Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the Court, such imprisonments shall not be less than one month and fine shall not be less than one hundred rupees ; and(ii)for an offence under Clause (ii)-(a)for a first offence with imprisonment for a term which may extend to six months and with fine which may extend to five hundred rupees;(b)for a subsequent offence, with imprisonment for a term which may extend to one year and 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 judgement of the Court, such imprisonment shall not be less than six months and fine shall not be less than five hundred, rupees.
