Title : Penalty for consumption in Chemist's shop, etc
State : Karnataka
Year : 1965
(1) A chemist druggist, apothecary or keeper of a dispensary, who allows any intoxicant which has not been bona fide medicated for medicinal purposes to be consumed on his business premises by any person shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees, or with both. (2) Any person not employed as aforesaid, who consumes any such intoxicant on such premises shall, on conviction, be punished with fine which may extend two hundred rupees. View Complete Act List Judgments citing this sectionTitle : Penalty for Allowing Premises, Etc, to Be Used for the Purpose of Committing an Offence Under This Act
State : Karnataka
Year : 1965
Section 38A - Penalty for allowing premises, etc, to be used for the purpose of committing an offence under this Act 1 [38A.Penalty for allowing premises, etc, to be used for the purpose of committing anoffence under this Act.-- Whoever,being the owner or occupier or having the use or care or management or control,of any place, room, enclosure, space, vessel, vehicle , or place knowinglypermits it to be used for the purpose of commission by any other person of anoffence punishable under sections 32, 33, 34, 36 and 37 shall, on conviction, bepunished as if he has committed the offences punishable under the respectivesections.] _______________________________ 1.Inserted by Act 1 of 1970 w.e.f. 23-12-1969. View Complete Act List Judgments citing this sectionTitle : Manufacture, Sale or Possession by One Person on Account of Another
State : Karnataka
Year : 1965
(1) Where any intoxicant has been manufactured or sold or if possessed by any person on account of any other person and such other person knows or has reason to belive that such manufacture or sale was or that such possession is, on his account, the article shall, for the purposes of this Act, be deemed to have been manufactured or sold by or to be in the possession of such other person. (2) Nothing in sub-section (1) shall absolve any person, who manufactures, sells or has possession of any intoxicant on account of another person from liability to any punishment under this Act for unlawful manufacture, sale or possession of such article. View Complete Act List Judgments citing this sectionTitle : Presumption as to Commission of Offence in Certain Cases
State : Karnataka
Year : 1965
In prosecutions under section 32 and section 34, it shall be presumed, until the contrary is proved, that the accused person has committed the offence punishable under that section in respect of,- (a) any intoxicant; or (b) any still, utensil, implement or apparatus whatsoever in the manufacture of any intoxicant other than toddy; or (c) any material which have undergone any process towards the manufacture of an intoxicant or from which an intoxicant has been manufactured, for the possession of which he is unable to account satisfactorily. View Complete Act List Judgments citing this sectionTitle : Criminal Liability of Licensee for Acts of Servants
State : Karnataka
Year : 1965
Where any offence under section 32, section 33, section 34, section 36 or section 37 is committed by any person in the employ and acting on behalf of the holder of a licence or permit granted under this Act, such holder shall also be punishable as if he had committed himself the said offence, unless he establishes that all due and reasonable precautions were exercised by him to prevent the commission of such offence: Provided that no person other than the actual offender shall be punishable under this section with imprisonment, except in default of payment of fine. View Complete Act List Judgments citing this sectionTitle : Enhanced Punishment After Previous Conviction
State : Karnataka
Year : 1965
Section 42 - Enhanced punishment after previous conviction If any person after having been previously convicted of an offence punishable under1[xxx] section 38 or under the corresponding provisions of any enactment repealed by this Act, subsequently commits and is convicted of an offence punishable under2[the said section], he shall be liable to twice the punishment which might be imposed on a first conviction under this Act: Provided that nothing in this section shall prevent any offence which might otherwise have been tried summarily under3[Chapter XXI of the Code Of Criminal Procedure, 1973], from being so tried. _______________________________ 1. Omitted by Act 1 of 1970 w.e.f. 23-12-1969. 2. Substituted by Act 1 of 1970 w.e.f. 23-12-1969. 3...... View Complete Act List Judgments citing this sectionTitle : Security for Abstaining from Commission of Certain Offences
State : Karnataka
Year : 1965
Section 42A - Security for abstaining from commission of certain offences 1 [42A. Security for abstaining from commission of certain offences.-- (1) Whenever any person is convicted of an offence punishable under section 32, section 33, section 34, section 36, or section 37 and the court convicting him is of opinion that it is necessary to require such person to execute a bond for abstaining from the commission of such offence, the court may, at the time of passing sentence on such person, order him to execute a bond in the prescribed form for a sum proportionate to his means, with or without sureties, for abstaining from the commission of such offences during such period, not exceeding three years, as it thinks fit to fix. (2) The provisions of the 2 [Code of..... View Complete Act List Judgments citing this sectionTitle : Liability of Certain Things to Confiscation
State : Karnataka
Year : 1965
Section 43 - Liability of certain things to confiscation Whenever an offence has been committed, which is punishable under this Act, the following things shall be liable to confiscation, namely :- (1) any intoxicant, material, still, utensil, implement or apparatus in respect of, or by means of which, such offence has been committed; (2) any intoxicant lawfully imported, transported, manufactured, had in possession or sold along with, or in addition to, any intoxicant liable to confiscation under clause (1); and (3) any receptacle, package, or covering in which anything liable to confiscation under clause (1) or clause (2), is found, and the other contents, if any, of such receptacle, package or covering and any animal, vehicle, vessel, raft or other conveyance..... View Complete Act List Judgments citing this sectionTitle : Confiscation by Excise Officers in Certain Cases
State : Karnataka
Year : 1965
Section 43A - Confiscation by Excise Officers in certain cases 1 [43A.Confiscation by Excise Officers in certain cases.-- (1)Notwithstanding anything contained in this Act or in any other law for the timebeing in force, where anything liable for confiscation under section 43 isseized or detained under the provisions of this Act, the officer seizing anddetaining such property shall, without any reasonable delay, produce the samebefore an officer not below the rank of a Superintendent of Excise authorised bythe Government in this behalf by notification (hereinafter referred to as theauthorised officer). (2)On production of the seized property under sub-section (1), the authorisedofficer, if satisfied that an offence under this Act has been committed..... View Complete Act List Judgments citing this sectionTitle : Issue of Show-cause Notice Before Confiscation Under Section 43a
State : Karnataka
Year : 1965
(1) No order confiscating any property shall be made under section 43A unless the person from whom the same is seized,- (a) is given a notice in writing informing him the grounds on which it is proposed to confiscate such property; (b) is given an opportunity of making a representation in writing within such reasonable time as may be specified in the notice against the grounds of confiscation; and (c) is given a reasonable opportunity of being heard in the matter. (2) without prejudice to the provisions of sub-section (1), no order confiscating any animal, cart, vessel or other conveyance shall be made under section 43A , if the owner of the animal, cart, vessel or other conveyance proves to the satisfaction of the authorised officer that it was used in carrying the liquor or..... View Complete Act List Judgments citing this section