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State of Mizoram - Section

Section 42 in Mizoram Liquor (Prohibition) Act, 2019

42. Power of court to release certain offenders on probation.

(1)When any person is found guilty of an offence under Section 5(2) of this Act and if the court by which he is found guilty is of the opinion with regard to age, character, antecedents or physical or mental condition of the offender, that it is expedient so to do then, notwithstanding anything contained in this Act or any other law for the time being in force, the court may, instead of sentencing him at once to any imprisonment, with his consent, direct that he be released for undergoing medical treatment for detoxification or de-addiction from a hospital or an institution maintained or recognised by Government and on his entering into a bond in the form prescribed by the Government, with or without sureties, to appear and furnish before the court within a period not exceeding one year, a report regarding the result of his medical treatment and, in the meantime, to abstain from the commission of an offence under Section 5(2) of this Act.
(2)If it appears to the court, having regard to the report regarding the result of the medical treatment furnished under sub-section (1) of this Section, that it is expedient so to do, the court may direct the release of the offender after due admonition on his entering into a bond in the form prescribed by the Government, with or without sureties, for abstaining from the commission of an offence under Section 5(2) of this Act during such period not exceeding three years as the court may deem fit to specify or on his failure so to abstain, to appear before the court and receive sentence when called upon during period.