46A. Penalty for unlawful manufacture of spirit or transport etc. of intoxicating drug, cultivation of hemp, use and possession of materials for manufacture of spirit and intoxicating drug.
- Whoever in contravention of this Act or of any rule, notification or order made, issued or given, or a license, permit or pass granted under this Act,-(a)[ manufactures any spirit or intoxicating drug other than bakharor cultivates hemp plant (Cannabis sativa L) [from which an intoxicating drug can be manufactured or produced] [Clause (a) clause 46A substituted by section 7(a) of the Bengal Excise (Amendment) Act, 1983 (West Bengal Act No. 38 of 1983).], or](b)uses, keeps or has in his possession any material [ xxx ] [The words "including fermented wash" omitted by section 2 of the Bengal Excise (Amendment) Act, 2003 (West Bengal Act No. 36 of 2003) (w.e.f. 10.11.2004), which were earlier inserted by section 2(3)(h) of the West Bengal Finance Act, 1997 (West Ben, Act No. 5 of 1997).], still, utensils, implements or apparatus whatsoever for the purpose mentioned in clause (a), or(c)[ imports, exports, transports, possesses or sells spirit or intoxicating drug other than bakhar, or] [Clause (c) substituted by section 7(b) of the Bengal Excise (Amendment) Act, 1983 (West Bengal Act No. 38 of 1983).](cc)[ bottles spirit for the purpose of sale; or] [Clause (cc) inserted by section 7(c), ibid.](d)works any distillery or brewery, or(e)establishes any distillery, brewery or warehouse, [or] [Inserted by section 7(d), ibid.](f)[ collects or sells any portion of hemp plant (Cannabis sativa L.) from which an intoxicating drug can be manufactured or produced,] [Clause (f) inserted by section 7(e), ibid.][shall be punishable,-(i)in the case of an offence under clause (c) or clause (f), when the value of the spirit, intoxicating drug or hemp plant (Cannabis sativa L.) from which an intoxicating drug can be manufactured or produced is less than] two thousand rupees, with imprisonment for a term which may extend to [Three years] [Substituted by section 4 of the Bengal Excise (Amendment) Act, 2012 (West Bengal Act No. 16 of 2012) for the words two yearSection] and with fine :Provided that in the absence of special and adequate reasons to the contrary to be recorded in the judgement of the court, such imprisonment shall not be,-(1)for the first offence, for less than one month, and(2)for the second and for every subsequent offence, for less than three months;(ii)in any other case, with imprisonment for a term which may extend to five years (but shall not be for less than six months) and with fine :Provided that for special and adequate reasons to be recorded in the judgement of the court, such imprisonment may be for less than six months but shall not be for less than three months]]
