34. Penalty for unlawful manufacture, transport, possession, sale, etc.
(1)Whoever, in contravention of any provisions of this Act, or of any rule, notification or order make or issued thereunder, or of any conditions of a licence, permit or pass granted under this Act, -(a)manufactures, transports, imports, exports, collects or possesses any intoxicant; or(b)save in the cases provided for in Section 38, sells any intoxicant; or(c)cultivates Bhang; or(d)taps any toddy producing tree/or draws toddy therefrom, or(e)constructs or works any distillery, brewery or vintnery; or(f)uses, keeps or has in his possession any materials, still utensil, implement or apparatus whatsoever for the purpose of manufacturing any intoxicant other than toddy; or(g)removes any intoxicant from any distillery, brewery, vintnery or warehouse licensed, established or continued, under this Act;(h)bottles any liquor;shall subject to the provisions of sub-section (2), be punishable for every such offence with imprisonment for a term [not less than [six months] [Inserted by C.G. Act No. 11 of 2002, dated 23.4.2002.]] which may extend to [two years] [Substituted by C.G. Act No. 8 of 2011, dated 30.4.2011.] and fine which shall not be less than [Ten thousand rupees] [Substituted by C.G. Act No. 8 of 2011, dated 30.4.2011.] but which may extend to [Fifty thousand rupees] [Substituted by C.G. Act No. 8 of 2011, dated 30.4.2011.]:Provided that when any person is convicted under this section of any offence for a second or subsequent time, he shall be punishable for every such offence with imprisonment for a term [not less than [one year] [Substituted by C.G. Act No. 11 of 2002, dated 23.4.2002.]] but which may extend to [five years] [Substituted by C.G. Act No. 11 of 2002, dated 23.4.2002.] and with fine which shall not be less than [Twenty thousand rupees] [Substituted by C.G. Act No. 8 of 2011, dated 30.4.2011.] but which may extend to [two lac rupees] [Substituted by C.G. Act No. 8 of 2011, dated 30.4.2011.].(2)Notwithstanding anything contained in sub-section (1), if a person is convicted for an offence covered by clause (a) or clause (b) of sub-section (1) and the quantity of the intoxicant being liquor found at the time or in the course of detection of the offence exceeds [five bulk litre] [Substituted by C.G. Act No. 8 of 2011, dated 30.4.2011.], he shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than twenty five thousand rupees but may extend to one lac rupees:Provided that when any person is convicted under this Section for an offence for second or subsequent time, he shall be punishable for every such offence with imprisonment for a term which shall not be less than two years but which may extend to five years and with fine which shall not be less than fifty thousand rupees but may extend to two lac rupees.(3)When an offence covered by clause (a) or clause (b) of sub-section (1) is Committed and the quantity of liquor found at the time or in the course of detection of such offence exceeds [five bulk litre] [Substituted by C.G. Act No. 8 of 2011, dated 30.4.2011.], all intoxicants, articles implements, utensils, materials, conveyance etc. in respect of or by means of which the offence is committed, shall be liable to be seized and confiscated. If such an offence is committed by or on behalf of a person who holds a licence under the Act for manufacturing or stocking or storing liquor for sale on which duty at the prescribed rate has not been paid then notwithstanding anything contained in Section 31 the licence granted to him shall be cancelled in case he is convicted for the offence as aforesaid.(4)The seizure or confiscation of the intoxicants, articles, implements, utensils, materials and conveyance and the cancellation of licence as provided under sub-section (2) above shall be in addition and without prejudice to any other action that may be taken under any provisions of the Act or rules made thereunder.
