Section 39 in The Himachal Pradesh Excise Act, 2011
39. Penalty for unlawful production, manufacture, possession, import, export, transport, sale etc.
(1)Whoever, in contravention of any provisions of this Act, or of the rules made thereunder or notification issued, or any order made, or of any license, permit or pass granted under this Act -(a)produces, manufactures, possesses, imports, exports or transports any liquor, or(b)constructs or works any distillery or brewery or winery or warehouse, or(c)uses, keeps or has in his possession any material, still, utensil, implement or apparatus whatsoever, for the purpose of manufacturing or producing any liquor,shall be punishable for every such offence with imprisonment for a term which may extend to three years and with fine which may extend to two lakh rupees but shall not be less than five thousand rupees :Provided that in the case of an offence relating to the possession of -(i)a working still for manufacture of any liquor, the imprisonment shall not be less than three years and the fine shall not be less than one lakh rupees;(ii)lahan, the imprisonment shall not be less than one year and the fine shall not be less than fifty thousand rupees;(iii)country liquor manufactured otherwise than in a licensed distillery or warehouse in Himachal Pradesh -(a)in a quantity not exceeding seven-and-a-half litres, the imprisonment shall of be less than six months and the fine shall not be less than five thousand rupees; and(b)in a quantity exceeding seven-and-a-half litres, the imprisonment shall not be less than one year and the fine shall not be less than ten thousand rupees;(iv)foreign liquor other than, -(a)manufactured in a licensed distillery or brewery or winery or warehouse in India; or(b)imported into India on which custom duty is leviable under the Customs Tariff Act, 1975 or the Customs Act, 1962,the imprisonment shall not be less than one year and the fine shall not be less than twenty thousand rupees :Provided further that in the case of an offence relating to import, export or transport of -(i)country liquor exceeding forty-five litres; or(ii)foreign liquor exceeding forty-five litres; or(iii)other spirits exceeding five litres,such imprisonment shall not be less than three years and the fine shall not be less than one lakh rupees.(2)Whoever, in contravention of any provisions of this Act or the rules made thereunder or notification issued, or any order made, or of any licence, permit or pass granted under this Act -(i)possesses any unused and printed label, cork, capsule, or seal, or an imitation thereof; or(ii)sells any liquor; or(iii)bottles any liquor; or(iv)removes any liquor from any distillery, brewery, winery or warehouse or other place of storage established or licensed under this Act; or(v)adulterates any liquor by adding any substance with an intention to vary the prescribed strength or quality of such liquor,shall be punishable with imprisonment for a term which shall not be i less than six months but which may extend to two years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees.
