36. Penalty for adulteration, etc., by licensed vendor or manufacturer.
(1)Whoever, being the holder of a licence for the sale or manufacture of any intoxicant under this Act, or a person in the employ of such holder mixes or permits to be mixed with the intoxicant sold or manufactured by him, any noxious drug or any foreign ingredient likely to add to its actual or apparent intoxicating quality or strength, or any article prohibted by any rule made under this Act, when such admixture does not amount to an offence of adulteration under section 272 of the Indian Penal Code, 1860 shall, on conviction, be punished [with rigorous imprisonment for a term which shall not be less than one month but which may extend to one year and with fine which shall not be less than five thousand rupees but which may extend to fifty thousand rupees.] [Amended vide EOG No.16 dated 25-04-1989.](2)Whoever, being the holder of a licence for the sale or manufacture of any intoxicant under this Act, or a person in the employ of such holder,-(a)sells or keeps or exposes for sale as foreign liquor, liquor which he knows or has reason to believe to be Indian liquor ; or(b)marks any bottle or the cork of any bottle, case, package, or other receptacle containing Indian liquor or uses any bottle, case, package or other receptacle containing Indian liquor, with any mark thereon or on the cork thereof, with the intention of causing it to be believed that such bottle, case, package or other receptacle contains foreign liquor, when such act shall not amount to the offence of using a false trade mark with intention to deceive or injure any person under section 482 of the Indian Penal Code; or(c)sells or keeps or exposes for sale any Indian liquor in a bottle, case, package or other receptacle with any mark thereon or on the cork thereof with the intention of causing it to be believed that such bottle, case, package or other receptacle contains foreign liquor: when such act shall not amount to the offence of selling goods marked with counterfeit trade mark under section 486 of Indian Penal Code;shall, on conviction, be punished [with rigorous imprisonment for a term which shall not be less than one month but which may extend to one year and with fine which shall not be less than five thousand rupees but which may extend to fifty thousand rupees.] [Amended vide EOG No.16 dated 25-04-1989.]
