55. [ Penalty for possession of intoxicant in respect of which an offence has been committed. [Substituted by Act 6 of 1985.]
- If any person, without lawful authority, has in his possession, any intoxicant, knowing or having reason to believe the same to have been unlawfully imported, transported, manufactured, or knowing or having reason to believe that the prescribed duty has not been paid thereon, he shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine which may extend to five thousand rupees and in default of payment of fine, shall be punished with a further imprisonment for a term which may extend to one year:Provided that, except for such small quantities of intoxicant as may be specified in this behalf, the punishment for the offence shall be-(1)for the first offence, he shall be liable for imprisonment for a term which shall not be less than three months and a fine of not less than five hundred rupees, and in default of payment of fine a further imprisonment for a term of fifteen days;(2)for the second and subsequent offences, imprisonment for a term which shall not be less than six months, and a fine of not less than one thousand rupees and in default of payment of fine, a further imprisonment for a term of one month.]
