Section 11 in The Jammu and Kashmir Excise Act, 1958 (1901 A. D.)
11. Manufacture of liquor, or intoxicating drugs prohibited except under the provisions of this Act.
- No liquor, or intoxicating drug shall be manufactured ; no hemp [or coca] [Inserted by Notification No. 14 published in Government Gazette dated 17th Phagan, 1983.] or poppy plant shall be cultivated ; [nor shall the spontaneous growth of the hemp plant be collected] [Inserted by Notification No. 14 published in Government Gazette dated 17th Phagan, 1983.];no distillery, or brewery, or other place for the manufacture of liquor of any kind shall be constructed or worked; andno person shall use, keep or have in his possession any material, still, utensil implement or apparatus whatsoever for the purpose of manufacturing any liquor, or intoxicating drug, except under the authority and subject to the terms and conditions of a licence granted by the [Commissioner] [Substituted by Act XIV of 1966 for 'Excise and Taxation Commissioner'.] in that behalf :Provided that [the Government] [In sections 1 (para third), 3 clauses (7) and (9), 4, 5 (proviso), 7, 8, 10(d), 11, 12, 13, 15, 16, 17(e), 18, 20(d), 25, 63(b),63(c), 63(d) and 64 for the words 'His Highness the Maharaja Bahadur' the words 'the Government' substituted by Act X of Svt. 1996.] may, by notification, direct that in any local area it shall not be necessary to take out a licence for the manufacture of liquor for bona fide home consumption or for the growth of the poppy or hemp plant or the manufacture of opium for sale to vendors licensed for the sale, manufacture or export of intoxicating drugs :Provided also that it shall be competent to [the Government] [In sections 1 (para third), 3 clauses (7) and (9), 4, 5 (proviso), 7, 8, 10(d), 11, 12, 13, 15, 16, 17(e), 18, 20(d), 25, 63(b),63(c), 63(d) and 64 for the words 'His Highness the Maharaja Bahadur' the words 'the Government' substituted by Act X of Svt. 1996.] at anytime to restrict or prohibit the manufacture, possession or sale of any kind of liquor or intoxicating drugs in any local area of the territories of [the State.] [Substituted by Act X of Svt. 2010 for 'the Jammu and Kashmir Government'.][11A. Licence for export, import, sale or possession of molasses. - (1) No person shall export, import, transport, sell or possess any quantity of molasses without a licence in accordance with sub-section (2) of this section.(2)The State Government may, by order, authorise Excise Commissioner or any other officer subordinate to him to grant licence (s) for the export, import, transportation, sale or possession of molasses.] [Inserted by Act XI of 1999, Section 5, w.e.f. 29-2-2000.][12. Possession of liquor or intoxicating drugs in excess of the quantity prescribed by the Government prohibited. - No person shall possess any quantity of liquor or of any intoxicating drug in excess of such quantity (if any) as the [Government] [Section 12 substituted by Notification No. 14 published in Government Gazette dated 17th Phagan, 1983.] may from time to time prescribe by notification unless he is licensed by the [Commissioner] [Substituted by Act XIV of 1966 for 'Excise and Taxation Commissioner'.] to collect, cultivate, manufacture or sell the same or holds a pass from the [Commissioner] [Substituted by Act XIV of 1966 for 'Excise and Taxation Commissioner'.] in that behalf.] [Section 5 substituted by Act XIV of 1966.][12A. Possession of unused and printed lables, corks, capsules, seals by certain persons. - No person shall have in his possession:-(a)any unused and printed label, cork, capsule or seal, duly approved by the Commissioner under this Act or under any rule or order made thereunder for use by a person licensed to establish or work in a distillery or brewery; or(b)any other label, cork, capsule, or seal which is an imitation of such unused and printed label, cork, capsule or seal as specified in clause (a):Provided that nothing herein shall apply to :-(i)a person licensed to establish or work in a distillery or brewery or who is incharge of the Jammu and Kashmir Excise Department Warehouse at Jammu or Srinagar; or(ii)a person who, in the execution of an order received from a person specified in sub-clause (i), manufactures or prints such labels, corks, capsules or seals.][13. Establishment of distilleries and warehouses. - (1) The Commissioner may, with the previous approval of the Government,-(a)establish or licence the establishment and running of a ware-house wherein intoxicants may be deposited and kept without payment of duty;(b)discontinue any warehouse so established or licensed ;(c)establish or licence the establishment of a distillery' or a brewery for manufacture of liquor or beer, as the case may be ; and(d)discontinue any distillery or brewery so established or licensed.(2)No intoxicant shall be removed from any distillery or brewery or warehouse established or licensed under this Act unless the duty, if any, payable under this Act has been paid in respect thereof.] [Section 13 substituted by Act XXV of 1972, Section 2.][14. Sale of liquor or intoxicating drugs without licence prohibited. - No liquor or intoxicating drug shall be sold without a licence from the Commissioner:Provided that,-(a)a person licensed under section 11 of this Act to cultivate the hemp plant may sell without a licence those portions of the plant from which any intoxicating drug can be manufactured to any person who deals in the same and is licensed under this Act or to any officer whom the Commissioner may appoint in this behalf;(b)nothing in this section shall apply to the sale of any foreign liquor lawfully procured by any person for his private use and sold by him or on his behalf or on behalf of his representatives in interest upon his quitting a station or after his demise.][14A. Regulation of the sale of liquor in the State. - (1) Notwithstanding anything to the contrary contained in any other law, rule, order, agreement or any other instrument or any order, judgement or decree of any Court, the Government shall regulate the sale of country liquor in the State [by auctioning or operating departmental vends] [Section 14-A inserted by V of 1987, Section 2.] the country liquor shops on such conditions and for such period as it may deem fit:Provided that the departmental shops existing for the sale of country liquor at the time of first auction shall continue to run at such places and for such period as may be specified by the Government by a special or general order.(2)Any agreement or instrument executed, any letter of intent or order issued by the Government relating to manufacturing, bottling or sale of country liquor before the commencement of the Jammu and Kashmir Excise (Amendment) Ordinance, 1985 (II of 1985) shall be and shall always be deemed to have been without effect.] [Section 14 substituted by Act XX of 978, Section 2.]
