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Showing contexts for: mp excise act in Pramod Thakur vs The State Of Madhya Pradesh on 16 September, 2025Matching Fragments
"4. Heard learned counsel for the parties.
5. Section 34(1)(a)(b) and Section 34 (2) of the MP Excise Act, 1915 are quoted as under:-
"34 Penalty for unlawful manufacture, transport, possession, sale etc.
-- (i) Whoever, in contravention of any provisions of this Act, or of any rule, notification or order made or issued thereunder, or of any condition of a licence, permit or pass granted under this Act,--
7. Justice G.P. Singh in Principles of Statutory Interpretation has mentioned that word 'or' is disjunctive and word 'and' is normally 3 MCRC-37263-2025 conjunctive but at times they are read vice versa to give effect to manifest intention of the Legislature as disclosed from the context. Now it is to be looked into Section to find out the intent of the Legislature whether word 'and' used in Section 34(2) of MP Excise Act, 1915 is to be read as 'or' or word 'and' it is to be read as 'and' in its normal sense of conjunctive.
8. On reading of Section 34(1) of the MP Excise Act, it is found that quantity of liquor in respect of which there is violation is not prescribed in said Section, therefore, any amount of liquor which is manufactured, transported, imported, collected, possessed without any license will be covered under Section 34 even liquor more than fifty bulk litre will also be covered under Section 34 of the Act of 1915.
9. On reading of Section 34(2), it is found that offence covered in this Section provides with more harsh penalty which shows that offence covered under Section 34(2) is more serious in nature. Illicit possession, manufacturing or sale of fifty bulk liter is covered under Section 34(2) of the MP Excise Act, 1915 with addition that offender must have been convicted under Section 34(1)(a)(b) also. No quantity of liquor is prescribed in Section 34(1), therefore, possessing more than fifty bulk liter will also be covered under Section 34(1)(a). Only distinguishing feature between under Section 34(1)(a) and Section 34(2) is that there is also requirement of earlier conviction under Section 34(1)(a) of MP Excise Act, therefore word 'and' used in Section 34(2) cannot be read as 'or' and requirement of Section 34(2) is fulfilling both the requirements as laid down in said Sections.