58. Penalty for illegal import, etc., of intoxicants or hemp.
Whoever, in contravention of the provisions of this Act or of any rule or order made or of any licence, pass, permit or authorisation granted thereunder,-(a)imports or exports any intoxicant or hemp;(b)manufactures any intoxicant;(c)constructs or works any distillery or brewery;(d)bottles liquor;(e)sells or buys any liquor or intoxicant or hemp;(f)uses, keeps or has in his possession any materials, still, utensil, implement or apparatus for the purpose of manufacturing any intoxicant other than today;(g)keeps or has in his possession 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,shall, on conviction, be punished,-(i)for a first offence, with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees, or with both:Provided that in the absence of any special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than six months and fine shall not be less than five hundred rupees;(ii)for a second offence, with imprisonment for a term 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 the contrary, to be mentioned in the judgment of the Court, such imprisonment shall not be less than nine months, and fine shall not be less than one thousand rupees;(iii)for a third and subsequent offences, with imprisonment for a term 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 the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than one year and fine shall not be less than one thousand rupees.
