Section 47 in The Jammu and Kashmir Excise Act, 1958 (1901 A. D.)
47. Closing of shop for the sake of public peace.
- It shall be lawful for the [Deputy Commissioner of the District] [Substituted by Act III of Svt. 2008 for 'Governor of Province'.] to which this Act applies, by notice in writing to the licensee, to require that any shop in which liquor or any intoxicating drug is sold, shall be closed, at such time or for such period as he may think necessary for the preservation of the public peace.IX. - Penalties[48. For illegal import, etc. - Whoever, in contravention of this Act or of any rule or order prescribed or notified thereunder or of any licence or permit granted thereunder(a)imports, exports, transports or possesses liquor or [any intoxicating drug or molasses, or](b)manufactures liquor or any intoxicating drug, or(c)cultivates the poppy or hemp (Cannabis sativa or Indica) or coco plant or collects the spontaneous growth of the hemp plant, or(d)constructs or works any distillery or brewery or other place for the manufacture of liquor, or(e)uses, keeps or has in his possession any materials, still, utensil, implement or apparatus whatsoever, for the purpose of manufacturing liquor or any intoxicating drug, or(f)[ sells or offers to sell any liquor or [intoxicating] [Clause (f) substituted by Act IV of Svt. 2009.] drug,][shall on conviction before a Judicial Magistrate, be punished with imprisonment for a term which may extend to three years and with fine which may extend to [ten thousand rupees] [Substituted by Act XIX of 1981, Section 37.]:Provided that if the offence relate to possession of,-(i)a working skill for the manufacture of liquor or any intoxicating drug, such imprisonment shall not be less than six months and such fine shall not be less than [five thousand rupees] [Substituted by Act No. IX of 2010, dated 21st April, 2010];(ii)lahan, such imprisonment shall not be less than six months and such fine shall not be less than [three thousand rupees] [Substituted by Act No. IX of 2010, dated 21st April, 2010];(iii)country liquor, manufactured otherwise than in distilleries or warehouses established or licensed under this Act, in a quantity not exceeding ten bottles, each bottle containing 750 mililitres, such fine shall not be less than [one thousand rupees] [Substituted by Act No. IX of 2010, dated 21st April, 2010] and in a quantity exceeding ten bottles of the aforesaid capacity, such imprisonment shall not be less than six months and such fine not be less than [four thousand rupees] [Substituted by Act No. IX of 2010, dated 21st April, 2010];(iv)foreign liquor other than the liquor-(a)manufactured in licensed distilleries or breweries in India, or(b)imported into India on which customs duty is leviable under the Indian Tariff Act, 1934 or the Customs Act, 1962,such imprisonment shall not be less than three months and such fine shall not be less than two thousand rupees.] [Section 48 substituted by notification No. 14 published in Government Gazette dated 17th Phagan, 1983.][48A. Penalty for rendering or attempting to render denatured/methlated spirit fit for human consumption. - Whoever renders or attempts to render fit for human consumption any denatured/ methylated spirit, whether manufactured in India or not, or has in his possession any spirit rendered fit for human consumption in respect of which he knows or has reason to believe that any such attempt has been made, shall be punishable with imprisonment for a term which may extend to [two years but shall not be less than one year and with fine which may extend to seven thousand rupees but shall not be less than three thousand rupees.] [Sections 48-A and 48-B inserted by Act XX of 1978, Section 5.]
