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State of Kerala - Section

Section 57 in Abkari Act, 1 of 1077

57. For adulteration, etc., by licensed vendor or manufacturer.

- Whoever being the holder of a licence for the sale or manufacture of liquor or of any intoxicating drug under this Act,
(a)mixes or permits to be mixed with the liquor or intoxicating drug, sold or manufactured by him, [any drug, other than a noxious drug] [Substituted by Act 21 of 1984.] or any [***] [Omitted 'foreign' by Act No. 3 of 2010, dated 5.10.2010.] [any ingredient other than such] [Substituted 'any ingredient' by Act No. 25 of 2018, dated 6.7.2018.] likely to add to its actual or apparent intoxicating quality or strength, or any article prohibited [other than an article which the Government shall deem to be noxious] [Inserted by Act 21 of 1984.] by any rule made under section 29, clause (k), when such admixture shall not amount to the offence of adulteration under [section 272 of the Indian Penal Code] [Substituted for the words and figures 'Section 248 of the Cochin Penal code' by Section 32(a) of Act 10 of 1967.]; or
(aa)[ mixes or permits to be mixed with starch in the liquor sold or manufactured by him; or] [Inserted by Act No. 25 of 2018, dated 6.7.2018.]
(b)sells or Keeps or exposes for sale as foreign liquor, liquor which he knows or has reason to believe to be country liquor; or
(c)marks the cork of any bottle, case, package or other receptacle containing country liquor, or uses any bottle, case, package or other receptacle containing country liquor with any mark thereon 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 [applying a false trade mark under Section 78 of the Trade and Merchandise Marks Act, 1958] [Substituted for the words and figures 'using a false trade mark with intent to deceive or injure any person under Section 462 of the cochin Penal Code', by Section 32(b) of Act 10 of 1967.]; or
(d)sells or keeps or exposes for sale any country 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 [to which a false trade mark or false trade description is applied under, Section 79 of the Trade and Merchandise Marks Act, 1958] [Substituted for the words and figures 'marked with a counterfeit trade mark under Section 466 of the Cochin Penal Code' by Section 32(c) of Act 10 of 1967.];
[Shall, on conviction before a competent court, be punished,-
(i)for the offences, other than an offence falling under clause (aa), with imprisonment for a term which may extend to five years or with fine which may extend to fifty thousand rupees or with both;
(ii)for an offence falling under clause (aa), with 'imprisonment for a term which may extend to six months or with fine which shall not be less than twenty five thousand rupees.]