49. Penalty for adulteration by licensed manufacturer or vendor or his servant.
- If any licensed manufacturer or licensed vendor, or any person in his employ and acting on his behalf, mixes, or permits to be mixed, with any [intoxicant] [Substituted by paragraph 3 of, and Schedule IV to, the Government of India (Adaptation of Indian Laws) Order, 1937 for the words excisable article.] manufactured, sold or kept or exposed for sale by him, any noxious drug or any article prohibited by rule made under section 86, clause (9), sub-clause (i), and such mixing does not amount to an offence punishable under section 272 of the Indian Penal Code (XLV of 1860), [or has in his possession any '[intoxicant] in respect of which such admixture has been made,] [Inserted by section 22 of the Bengal Excise (Amendment) Act, 1914 (Bengal Act No. 7 of 1914).] he shall be liable to imprisonment for a term which may extend to [eighteen months] [Substituted by section 34(1) of the Bengal Excise (Amendment) Act, 1965 (West Bengal Act 39 of 1965) for the words three monthSection], or to fine which may extend to [five thousand rupees] [Substituted by section 34(2), ibid for the words one thousand rupeeSection], or to both.
