37. Penalty for adulteration, etc. by licensed vendor or manufacturer.
- Whoever being the holder of a licence for the sale or manufacture of any intoxicant under this Act, or a person in the employ of such holder,-(a)mixes or permits to be mixed with intoxicant sold or manufactured by him any noxious drug or any foreign ingredient likely to add to its actual or apparent intoxicating quality or strength, or any article prohibited by any rule made under this Act when such admixture does not amount to the offence of adulteration under Section 272 of the Indian Penal Code; or(b)sells or keeps or exposes for sale as foreign liquor, liquor which he knows or has reason to believe to be Indian liquor; or(c)makes any bottle or the cork of any bottle, case, package or other respectable containing Indian liquor, or uses any bottle, case, package or other receptacle containing Indian Liquor, with any mark thereon or on the cork thereof with the intention of causing it to be believed that such bottle, case, package or other receptacle contains foreign liquor, when such act shall not amount to the offence of using a false trade mark with intention to deceive or injure any person under Section 482 of the Indian Penal Code; or(d)sells or keeps or exposes for sale any Indian liquor in a bottle, case, package or other receptacle with any mark thereon or on the mark thereof with the intention of causing it to be believed that such bottle, case, package, or other receptacle contains foreign liquor, when such act shall not amount to the offence of selling goods marked with a counterfeit trade mark under Section 486 of the Indian Penal Code;(e)makes any block for printing counterfeit excise adhesive lable, photo copies of such lable for counterfeiting, prints any counterfeit excise adhesive lable, makes counterfeit cork or capsule, to be used on bottles, packages or other receptacles containing Indian liquor or foreign liquor or in possession of counterfeit excise adhesive lable, cork, capsule, block or any other material to be used for printing such lable or making such cork or capsule. shall on conviction, be punished with imprisonment,-(i)in the case of first offence for [a term which shall not be less than three years but which may extend upto five years] [Substituted 'a term which shall not be less than one year but which may extend upto three years' by Act No. 8 of 2010, dated 19.4.2010.] and with fine which shall not be less than rupees ten thousand but which may extend upto rupees thirty thousand;(ii)in the case of a second or subsequent offence for [a term which shall not be less than three years but which may extend upto six years] [Substituted 'a term which shall not be less than two years but which may extend upto three years' by Act No. 8 of 2010, dated 19.4.2010.] and with fine which shall not be less than rupees fifty thousand but which may extend upto rupees one lakh.
