61. [ Penalty for unlawful import, export, transport manufacture and possession etc. [Substituted by Punjab Act No. 26 of 2013, dated 9.4.2013.]
(1)Whoever, in contravention of any section of this Act or of any rule, notification issued thereunder or any order passed or of any license, permit or pass granted under this Act,-(a)imports, exports, transports, manufactures, collects or possesses any intoxicant; or(b)constructs or works any distillery or brewery; or(c)uses, keeps or has in his possession any material, still, utensil, implement or apparatus whatsoever, for the purpose of manufacturing any intoxicant;shall be punished for every such offence with imprisonment for a term which may extend to three years and with fine which may extend to ten lac rupees:Provided that in the case of an offence relating to the possession of,-(i)a working stilt for the manufacture of any intoxicant, such imprisonment shall not be less than two years and such fine shall not be less than two lac rupees. In case the fine is not paid, he shall have to undergo further imprisonment;(ii)lahan, such imprisonment shall not be less than one year and such fine shall not be less than one lac rupees. In case the fine is not paid, he shall have to undergo further imprisonment;(iii)country liquor manufactured otherwise than in a licensed distillery in Punjab, in a quantity not exceeding twelve bottles, each bottle containing 750 mil ilitres, such imprisonment shall not be less than six months and such fine shall not be less than five thousand rupees and in a quantity exceeding twelve bottles ofthe aforesaid capacity, such imprisonment shall not be less than two years and such fine shall not be less than two lac rupees. In case the fine is not paid, he shall have to undergo further imprisonment;(iv)foreign liquor other than -(a)manufactured in a licensed distillery or brewery or bottling plant in India ; or(b)imported into India on which custom duty is leviable under the Indian Tariff Act, 1934, or the Customs Act, 1962;such imprisonment shall not be less than two years and such fine shall not be less than two lac rupees. In case the fine is not paid, he shall have to undergo further imprisonment;(v)foreign liquor manufactured in a distillery or brewery or bottling plant in India or imported into India on which custom duty is leviable under the Indian Tariff Act, 1934 or the Customs Act, 1962, in a quantity exceeding ten cases i.e. Ninety bulk litres, on which the excise duty or any other levy payable under this Act, has not been paid, such imprisonment shall not be less than two years and such fine shall not be less than two lac rupees. In case the fine is not paid, he shall have to undergo further imprisonment;(vi)country liquor manufactured in a licensed distillery in Punjab, beyond the prescribed limit for private possession, such imprisonment shall not be less than six months and such fine shall not be less than one lac rupees. In case the fine is not paid, he shall have to undergo further imprisonment;(vii)foreign liquor manufactured in a licensed distillery or brewery or bottling plant in India or imported into India on which custom duty is leviable under the Indian Tariff Act, 1934 or the Customs Act, 1962, on which excise duty and all other levies payable under this Act, has been paid beyond the prescribed limit for private possession, such imprisonment shall not be less than six months and such fine shall not be less than one lac rupees. In case the fine is not paid, he shall have to undergo further imprisonment; and(viii)foreign liquor manufactured in a licensed distillery or brewery or bottling plant in India or imported into India on which custom duty is leviable under the Indian Tariff Act, 1934 or the Customs Act, 1962 in a quantity not exceeding ten cases i.e. 90 bulk litres on which excise duty or any other levy payable under this Act, has not been paid, such imprisonment shall not be less than one year and such fine shall not be less than two lac rupees. In case the fine is not paid, he shall have to undergo further imprisonment;(2)A penalty imposed under clauses (vi) to (viii) of sub-section (1), shall be recoverable by an Excise Officer in the manner, as(3)Whoever, ion contravention of any section other than section 29 and 30 of this Act or of any rule, notification issued or given there under or order made or of any license, permit or pass granted under this Act-(a)sells any intoxicants; or(b)cultivates the hemp plant; or(c)removes any intoxicant from any distillery, brewery or warehouse established or licensed under this Act; or(d)bottles any liquor for the purposes of sale; or(e)taps or draws tari form any tari producing tree, shall be punishable with imprisonment not less than one year which may extend to two years and such fine shall not be less than two lac rupees. In case the fine is not paid, he shall have to undergo further imprisonment.]
