4. [ Prohibition of the manufacture of, traffic in , and consumption of, liquor and intoxicating drugs. [This section was substituted for the original section 4 by section of the Tamil Nadu Prohibition (Amendment) Act, 1958 (Tamil Nadu Act, VIII of 1958).]
(1)Whoever-(a)imports, exports, transports or possesses liquor or any intoxicating drug; or(aa)[ imports, exports, transports or possesses liquor exceeding fifty litres but less than one hundred litres ; or(aaa)imports, exports, transports or possesses liquor of one hundred litres and above ; 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 has be manufactured; or(d)taps any toddy-producing tree or permits or suffers to be tapped any toddy-producing tree belonging to him or in his possession; or(e)draws toddy from any tree or permits or suffers toddy 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, stilt, utensil, implement or apparitions whatsoever for the tapping of toddy or the manufacture of liquor or any intoxicating drug, or keeps or has in his possession any materials which low undergone any process towards the manufacture of liquor or any intoxicating drug or from which any liquor or intoxicating drug has been manufactured; or(h)bottles any liquor for purposes of sale; or(i)sells liquor or any intoxicating drug ; or(j)consumes or buys liquor or any intoxicating drug ; or(jj)[ knowingly expends or applies any money in direct furtherance or support of the commission of any of the acts specified in clauses (a) to (j);] [Inserted by Tamil Nadu Act No. 9 of 1979.](k)allows any of the acts aforesaid upon premises in his immediate possession, [shall be punished - [Substituted by Tamil Nadu Act No. 9 of 1979.](i)in the case of an offence falling under clause (a), clause (b), clause (f), clause (g), clause (h), clause (i) or clause (jj) or an offence falling under clause (k) in so far as it relates to an act specified in any of the clauses aforesaid, with rigorous imprisonment for a term which may extend to five years and with fine which may extend to seven thousand rupees :Provided that -(a)for a first offence, such rigorous imprisonment shall not be -(A)less than six months in the case of any person other than a public servant; or(B)less than one year in the case of a public servantand such fine shall not be less than) two thousand rupees;(b)for a second or subsequent offence, such rigorous imprisonment shall not be -(A)less than one year in the case of any person other than a public servant; or(B)less than two years in the case of a public servantand such fine shall not be less than three thousand rupees;(ii-a) in the case of an offence falling under clause (j), with rigorous imprisonment for a term which may extend to three years and with fine which may extend to three thousand rupees :Provided that -(a)for a first offence, such rigorous imprisonment shall not be -(A)less than three months in the case of any person other than a public servant; or(B)less than one year in the case of a public servantand such fine shall not be less than two thousand rupees;(b)for a second or subsequent offence, such rigorous imprisonment shall not be -(A)less than one year in the case of any person other than a public servant; or(B)less than two years in the case of a public servantand such fine shall not be less than three thousand rupees;(ii-b) in any other case with rigorous imprisonment for a term which may extend to three years and with fine which may extend to three thousand rupees;][(1-A) Where in the case of an offence falling under clause (a), [clause (aa), clause (aaa),] [Inserted by Tamil Nadu Act No. 9 of 1979.], clause (b), clause (h), or clause (i) of sub-section (1), the liquor or any intoxicating drug involved contains any ingredient which is likely to cause death or grievous hurt to the consumer, then the offender, on conviction, shall be punished -(i)if death has ensued due to its consumption, with rigorous imprisonment for life and with fine which shall not be less than five thousand rupees; and(ii)in any other case, with rigorous imprisonment for a term which may extend to ten years and with fine which may extend to seven thousand rupees :[***] [Omitted 'Proviso' by Tamil Nadu Act No. 2 of 1989.] ](2)It shall be presumed until the contrary is shown-(a)that a person accused of any offence under [clauses (a) to (jj)] [Substituted 'clauses (a) to (j)' by Tamil Nadu Act No. 9 of 1979.] 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 toddy or the manufacture of liquor or any intoxicating drug or any such materials as are ordinarily used in the tapping of toddy or the manufacture of liquor or any intoxicating drug or any materials which have undergone any process towards the manufacture of liquor or any intoxicating drug or from which any liquor or intoxicating drug has been manufactured, for the possession of which he is unable to account satisfactorily , and(b)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 toddy or the manufacture of liquor or any intoxicating drug or any such materials as are ordinarily used in the tapping of toddy or the manufacture of liquor or any intoxicating drug or any materials which have undergone any process toward the manufacture of liquor or any intoxicating drug or from which any liquor or intoxicating drug has been manufactured.]
