Section Text
If within acantonment, or within such limits adjoining a cantonment as the 1 [CentralGovernment] may, by notification in the Official Gazette, define, any person notsubject to 2 [Army, Navy or Air Force law] or any person subject to 2 [Army,Navy or Air Force law] otherwise than as a military officer or a soldierknowingly barters, sells or supplies, or offers or attempts to barter, sell orsupply, any spirituous liquour or intoxicating drug to or for the use of anysoldier or follower or soldier's wife or minor child without the writtenpermission of the 3 [Officer Commanding the station] or of some personauthorised by the 3 [Officer Commanding the station] to grant suchpermission, he shall be punishable with fine which may extend to 4 [fivehundred rupees], or with imprisonment for a term which may extend to three 'months, or with both.
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1.Substituted by the A.O. 1937, for "L.G.".
2.Substituted by Act 15 of 1983, section 36, for "military or air force law"w.e.f. 1-10-1983.
3.Substituted by Act 7 of 1925, section 14, for "Commanding Officer of theCantonment".
4.Substituted by Act 15 of 1983, section 36, for "one hudred rupees" w.e.f.1-10-1983.
Section 57 - Unauthorised possession of spirituous liquorIf within a cantonment, or within any limits defined under section 56,--
(a) any person subject to1[Army, Navy or Air Force law] otherwise than as a military officer or a soldier, or
(b) the wife or servant of any such person or of a soldier,
has in his or her possession, except on behalf of the2[Central Government] or for the private use of a military officer, more than one quart of any spirituous liquor, other than fermented malt-liquor, without the written permission of the3[Officer Commanding the station] or of some person authorised by the3[Officer Commanding the station] to grant such permission, he or she shall be punishable, in the case of a first offence, with fine which may extend to4[two hundred and fifty rupees] and, in the case of a subsequent offence, with imprisonment for a term which may extend to three months, or with fine which may extend to5[five hundred rupees].
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1. Substituted by Act 15 of 1983, section 37, for "military or air force law" w.e.f. 1-10-1983.
2. Substituted by the A.O. 1937, for "Government".
3. Substituted by Act 7 of 1925, section 14, for "Commanding Officer of the Cantonment".
4. Substituted by Act 15 of 1983, section 37, for "fifty rupees" w.e.f. 1-10-1983.
5. Substituted by Act 15 of 1983, section 37, for "one hundred rupees" w.e.f. 1-10-1983
Section 58 - Arrest of persons and seizure and contiscation of things for offences against the two last foregoing sections(1) Any police officer or excise officer may, without an order from a1[Judicial Magistrate] and without a warrant, arrest any person whom he finds committing an offence under section 56 or section 57, and may seize and detain any spirituous liquor or intoxicating drag in respect of which such an offence has been committed and any vessels or coverings in which the liquor or drag is contained.
(2) Where a person accused of an offence under section 56 has been previously convicted of an offence under that section, an officer in charge of a police station may, with the written permission of a1[Judicial Magistrate] seize and detain any spirituous liquor or intoxicating drug within the cantonment or within any limits defined under that section which, at the time of the alleged commission of the subsequent offence, belonged to, or was in the possession of, such person.
(3) The court convicting a person of an offence under section 56 or section 57 may order the confiscation of the whole or any part of anything seized under sub-section (1) or sub-section (2).
(4) Subject to the provisions of2[Chapter XXXIV of the Code of Criminal Procedure, 1973 (2 of 1974)], anything, seized under sub-section (1) or sub-section (2) and not confiscated under sub-section (3) shall be restored to the person from whom it was taken.
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1. Substituted by Act 15 of 1983, section 38, for "Magistrate" w.e.f. 1-10-1983.
2. Substituted by Act 15 of 1983, section 38, for "Chapter XLIII of the Code of Criminal Procedure, 1893" w.e.f. 1-10-1983.
Section 59 - Saving of articles sold or supplied for medicinal purposesThe foregoing provisions of this Chapter shall not apply to the saleor supply of any article in good faith formedicinalpurposes by a medical practitioner, chemist or druggist authorised in thisbehalf by a general or special order of the 1 [Officer Commanding thestation].
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1.Substituted by Act 7 of 1925, section 14, for "Commanding Officer ofthe Cantonment".