37A. [ Penalty for adulteration resulting in death etc. [Section 37A along with marginal heading inserted by Act No.4 of 1994.]
(1)whoever mixes or permits to be mixed with any liquor or intoxicating drug any noxious substances or any substance which is likely to cause disability or grievous hurt or death to human beings, shall, on conviction, be punishable,-(i)if, as a result of such an act, disability or grievous hurt or death is caused to any person, with imprisonment for a term which shall not be less than [three years] but which may extend upto imprisonment for life, and with fine which extend upto rupees one lakh;(ii)in any other case, with imprisonment for a term which shall not be less than one year, but which may extend upto ten years, and with fine which may extend upto fifty thousand rupees.Explanation. For the purpose of [this section and section 37B] [Substituted by Act No.20 of 1994.] the expression "grievous hurt" shall have the same meaning as in section 320 of the Indian Penal Code, 1860 (Central Act 45 of 1860).(2)whoever omits to take reasonable precautions to prevent the mixing of any noxious substance or any substance which is likely to cause disability or grievous hurt or death to human being, with any liquor or intoxicating drug shall, on conviction be punishable,-(i)if as a result of such omission, disability or grievous hurt is caused to any person, with imprisonment for a term which shall not be less than [three years] [Substituted by Act No.8 of 2010.] but which may extend upto imprisonment for life, and with fine which may extend upto rupees one lakh;(ii)if as a result of such omission, death is caused to any person, with imprisonment for a term which shall not be less than three years but which may extend upto imprisonment for life, and with fine which may extend upto rupees one lakh;(iii)in any other case, with imprisonment of a term which shall not be less than one year but which may extend upto ten years and with fine which may extend upto rupees fifty thousand.(3)Whoever possess any liquor or intoxicating drug in which any substance referred to in sub-section (1) is mixed, knowing that such substance is mixed with such liquor or intoxicating drug shall, on conviction, be punishable with imprisonment for a term which shall not be less than one year but which may extend upto ten years, and with fine which may extend upto rupees fifty thousand.]
