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[Cites 0, Cited by 1724] [Entire Act]

State of Madhya Pradesh - Section

Section 49A in The M.P. Excise Act, 1915

49A. Penalty for import etc. of liquor unfit for human consumption or for altering or attempting to alter denatured spirituous preparation.

(1)Whoever-
(a)import, exports, transports, manufactures, collects, possesses, bottles or sells any liquor; or
(b)alters or attempts to alter any denatured spirit or denatured spirituous preparation with the intention that such spirit or denatured spirituous preparation may be used for human consumption, whether as a beverage or internally as a medicine, or in any other form or by any method whatsoever; or
(c)has in his possession any spirit or denatured spirituous preparation, in respect of which he intentionally or knowingly allows or knowingly suffers any person to alter or attempt to alter, in either case with the intention specified in clause (b); any spirit into denatured spirit or into a denatured spirituous preparation; or
(d)mixes denatured spirit or such altered denatured spirit or denatured spirituous preparation with potable spirit, and such liquor, denatured spirit, denatured spirituous preparation, spirit or altered denatured spirit as the case any be, is found unfit for human consumption or causes injury to or death of human being,-
shall be punishable-where such liquor, denatured spirit, denatured spirituous preparation, spirit, or altered denatured spirit, as the case may be-
(i) if found unfit for human consumption- to imprisonment which shall not be less than two months, butmay extend to two years and shall also be liable to fine;
(ii) causes injury to human being- to imprisonment which shall not be less than four months butmay extend to four years and shall also be liable to fine,
(iii) causes death of a human being- to imprisonment which shall not be less than two years but mayextend to ten years and shall also be liable to fine.
(2)When any person is convicted under this section for a second or subsequent offence, he shall be punished in relation to circumstances-
(a) Under clause (i) of sub-section (2) with imprisonment which shall not be less than six months butwhich may extend to four years and shall also be liable to fine;
(b) Under clause (ii) of sub-section (2) with imprisonment which shall not be less than one year butmay extend to six years, and shall also be liable to fine;
(c) Under clause (iii) of sub-section (1) to imprisonment for life or imprisonment which shall not beless than five years but extend to ten years, and shall also beliable to fine.