4. Prohibition of the manufacture of, traffic in, and consumption of, liquors and intoxicating drugs.
(1)Whoever-(a)imports, exports, transports or possesses liquor or any intoxicating drug; or(b)manufactures liquor or any intoxicating drug; or(c)except in accordance with the rules made by the State Government in that behalf, cultivates the hemp plant (Cannabis Sativa); or collects any portion of such plant from which an intoxicating drug can be manufactured; or(d)taps any tari-producing tree or permits or suffers to be tapped any tari-producing tree belonging to him or in his possession; or(e)draws tari from any tree or permits or suffers tari to be drawn from any tree belonging to him or in his possession; or(f)constructs or works any distillery or brewery; or(g)uses, keeps or has in his possession any materials, steel, utensil, implement or apparatus whatsoever for the tapping of tari or the manufacture of liquor or any intoxicating drug; or(h)bottles any liquor for purposes of sale; or(i)sells liquor or any intoxicating drug; or(j)drinks or buys liquor or any intoxicating drug; or(k)allows any of the acts aforesaid upon premises in his immediate possession; shall be punished-(i)in the case of an offence failing under Clause (a), Clause (b), Clause (f), Clause (g), Clause (h) or Clause (i), or an offence failing under Clause (k) in so far as it relates to an act specified to any of the clauses aforesaid, with imprisonment which may extend to two years and with fine which may extend to two thousand rupees ;Provided that in the absence of special and adequate reasons to be mentioned in the judgement of the Court, such imprisonment shall not be less than one month and fine shall not be less than one hundred rupees; and(ii)in any other case with imprisonment which may extend to three months or with fine which may extend to two hundred rupees, or with both :Provided that nothing contained in this sub-section shall apply to any act done under and in accordance with the provisions of this Act or the terms of any rule, notification, order, licence or permit issued thereunder.(2)It shall be presumed until the contrary is shown-(a)that a person accused of any offence under Clauses (a) to (j) of Sub-section (1) has committed such offence in respect of any liquor or intoxicating drug or any still, utensil, implement or apparatus whatsoever for the tapping of tari or the manufacture of liquor or any intoxicating drug, or any such materials, as are ordinarily used in the tapping of tari of the manufacture of liquor or any intoxicating drug, for possession of which he is unable to account satisfactorily;(b)that a person accused of the offence of having drunk liquor or intoxicating drug under Clause (i) of Sub-section (1) has committed such offence if he emits smell of liquor by mouth or nose or shows any other physiological signs and symptoms; and(c)that a person accused of any offence under Clause (k) of Sub-section (1) has committed such offence if an offence is proved to have been committed in premises in his immediate possession in respect of any liquor or intoxicating drug or any still, utensil, implement or apparatus whatsoever for the tapping of tari or the manufacture of intoxicating drug or any such materials as are ordinarily used in the tapping of tari or the manufacture of liquor or any intoxicating drug.
