66. Penalty for illegal cultivation and collection of hemp and other matter.
- [(1) Whoever in contravention of the provisions of this Act, or of any rule, regulation or order made or of any licence, permit, pass or authorization issued, thereunder-[***](b)[Consumes or uses] [Substituted 'consumes, uses, possesses or transports' by Gujarat Act No. 9 of 2017, dated 16.3.2017.] any intoxicant [other than opium] [These brackets and words were inserted, by Bombay 22 of 1960, Section 50 (a) (ii).] or hemp,(c)taps or permits to be tapped any toddy-producing tree;(d)draws or permits to be drawn toddy from any tree;(e)[ enters the territory of the State in an intoxicated condition or under the influence of an intoxicant (other than opium) or hemp; after having consumed such intoxicant or hemp at any place outside the State,] [Clause (e) was inserted by Gujarat 9 of 1978, Section 8(1).]shall, on conviction, be punished-(i)for a first offence, with imprisonment for a term which may extend to six months and with fine which may extend to one thousand rupees:[***] [Proviso deleted by Gujarat 7 of 2005, dated 25th February 2005 (w.e.f. 17-02-2006).](ii)[ for a second or subsequent offences, with imprisonment for a term which may extend to two years but which shall not be less than six months and with fine which may extend to two thousand rupees.] [Substituted by Gujarat Act No. 9 of 2017, dated 16.3.2017][***] [Proviso deleted by Gujarat 7 of 2005, dated 25th February 2005 (w.e.f. 17-02-2006).](iii)[ for a second or subsequent offences, with imprisonment for a term which may extend to two years but which shall not be less than six months and with fine which may extend to two thousand rupees: [Substituted by Gujarat Act No. 9 of 2017, dated 16.3.2017][***] [Section 66 was renumbered as sub-section (1) by Bombay 12 of 1959, Section 9.](2)[ Subject to the provisions of sub-section (3), where in any trial of an offence under clause (b) of sub-section (1) for the consumption of an intoxicant, [or in any trial of an offence under clause (e) of sub-section (1) for entry in the territory of the State after consumption of an intoxicant or hemp at any place outside the State] [Sub-sections (2) and (3) were added by Bombay 12 of 1959, Section 9.] it is alleged that the accused person consumed liquor, and it is proved that the concentration of alcohol in the blood of the accused person is [not less than 0.05 per cent, weight in volume] [These words and figures were substituted and shall be deemed always to have been substituted for the words and figures 'not less than 0.05 per cent' by Bombay 22 of 1960, Section 50 (b).] then the burden of proving that [the liquor consumed was a medicinal preparation consumed in quantity not in excess of normal dose as defined in section 24-1 A or that the liquor consumed was a toilet preparation] [These words, figures and letters were substituted for the words 'the liquor consumed was a medicinal or toilet preparation' by Gujarat 9 of 1978, Section 8(2) (b).] or an antiseptic preparation or solution, or a flavouring extract, essence or syrup, containing alcohol, the consumption of which is not in contravention of the Act or any rules, regulations or orders made thereunder, shall be upon the accused person, and the Court shall in the absence of such proof presume the contrary.(3)The provisions of sub-section (2) shall not apply to the consumption of any liquor-(a)by indoor patients during the period they are being treated in any hospital, convalescent home, nursing home or dispensary, maintained or supported by Government or a local authority or by charity, or(b)by such other persons, in such other institutions, or in such circumstances as be prescribed.]]
