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Karnataka Prohibition Act, 1961 Section 53

Title : Power to Exempt, Remit or Refund Excise Duty

State : Karnataka

Year : 1961

Subject to such rules as shall be made by the State Government in this behalf, the Commissioner may remit or refund wholly or partially any fee in respect of any privilege, licence, permit, pass or authorisation granted under this Act, or duty on toddy-producing trees or excise duty or fee leviable under this Act on any intoxicants, hemp, mhowra flowers or molasses from any person, or institution or class of persons or institutions or exempt such person or institution from the payment of such duty or fee. View Complete Act      List Judgments citing this section

Karnataka Prohibition Act, 1961 Section 56

Title : X X X

State : Karnataka

Year : 1961

Section 56 - x x x 1[56. x x x] _______________________________ 1. Omitted by Act 10 of 1967 w .e.f. 24.8.1967. View Complete Act      List Judgments citing this section

Karnataka Prohibition Act, 1961 Section 61

Title : Penalty for Manufacture of Articles Mentioned in Section 16 in Contravention of Provisions of Section 49

State : Karnataka

Year : 1961

(1) Whoever, in contravention of the provisions of section 49,-- (a) sells, uses or disposes of any liquor otherwise than as an ingredient of any article mentioned in section 16, or (b) uses more alcohol in the manufacture of such article which may be used as intoxicating liquor than the quantity necessary for extraction or solution of the elements contained therein and for the preservation of such article, or (c) knowingly sells any such article for being used as an intoxicating drink, or sells any such article under circumstances from which he might reasonably deduce the intention of the purchaser to use them for such purpose, -shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine or with both. (2) No person, who has been..... View Complete Act      List Judgments citing this section

Karnataka Prohibition Act, 1961 Section 62

Title : Penalty for Failure to Satisfy the Commissioner Under Sub-section (1) or to Comply with a Requisition Under Sub-section (2) of Section 50

State : Karnataka

Year : 1961

(1) If the manufacturer of any of the articles mentioned in section 16 fails to show, to the satisfaction of the Commissioner, that the article corresponds to the description and limitations provided in section 49, his licence for the purchase, use or possession of liquor or alcohol for the manufacture of such article shall be revoked. (2) Any person, who fails to comply with any requisition made by the Commissioner under sub-section (2) of section 50 shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine or with both. View Complete Act      List Judgments citing this section

Karnataka Prohibition Act, 1961 Section 63

Title : Penalty for Illegal Import, Etc., of Mhowra Flowers

State : Karnataka

Year : 1961

Whoever in contravention of the provisions of section 42 or of any rule or order made or licence, permit or pass granted under this Act, imports, exports, collects, transports, sells, buys or has in his possession mhowra flowers shall, on conviction, be punished,- (i) for a first offence, with imprisonment for a term which may extend to six months and with fine which may extend to one thousand rupees: Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than three months and fine shall not be less than five hundred rupees; (ii) for a second offence, with imprisonment for a term which may extend to two years and with fine which may extend to two thousand rupees: Provided that..... View Complete Act      List Judgments citing this section

Karnataka Prohibition Act, 1961 Section 64

Title : Penalty for Illegal Import, Etc., of Molasses

State : Karnataka

Year : 1961

Whoever, in contravention of the provisions of section 43 or of any rule or order made or of any licence or permit granted under this Act, exports, imports, transports, sells or has in his possession molasses shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both: Provided that no manufacturer of jaggery from sugarcane shall be liable for possession of molasses which is a by-product of the process and is not in excess of such quantity as may be prescribed. View Complete Act      List Judgments citing this section

Karnataka Prohibition Act, 1961 Section 79

Title : Penalty for Issuing False Prescriptions

State : Karnataka

Year : 1961

If a registered medical practitioner issues a prescription with the intention that such prescription shall be used by the person to whom it is issued for the purpose of consuming liquor or intoxicating drug in contravention of the provisions of this Act, or rule or order made thereunder or any licence, permit, pass or authorisation granted under this Act, he shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees, or with both. View Complete Act      List Judgments citing this section

Karnataka Prohibition Act, 1961 Section 81

Title : Punishment for Vexatious Search, Seizure or Arrest

State : Karnataka

Year : 1961

Any officer or person exercising powers under this Act, who,- (a) maliciously enters or searches or causes to be entered or searched, any building or house or similar dwelling place; or (b) vexatiously and unnecessarily seizes the property of any person on the pretence of seizing or searching for anything liable to confiscation under this Act; or (c) vexatiously and unnecessarily detains, searches or arrests any person; or (d) in any other way maliciously exceeds or abuses his lawful powers, -shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees, or with both. View Complete Act      List Judgments citing this section

Karnataka Prohibition Act, 1961 Section 87

Title : Procedure to Be Followed by Magistrates

State : Karnataka

Year : 1961

(1) In all trials for offences under this Act, the Magistrate shall follow the procedure prescribed in the Code of Criminal Procedure, 1898, for the trial of summary cases in which an appeal lies: Provided that if in respect of any case, the Magistrate, for reasons to be recorded in writing, decides that it is not desirable to follow such procedure, he shall follow the procedure prescribed in Chapter XX or Chapter XXI of the said Code, according as the case is, a summons case or a warrant case. (2) Save as otherwise expressly provided in this Act, all investigations, arrests, detentions in custody and searches shall be in accordance with the provisions of the Code of Criminal Procedure, 1898: Provided that no search shall be deemed to be illegal by reason only of the fact that..... View Complete Act      List Judgments citing this section

Karnataka Prohibition Act, 1961 Section 95

Title : Return to Bona Fide Owners

State : Karnataka

Year : 1961

When, during the trial of a case for an offence under this Act, the Court decides that anything is liable to confiscation under section 94, the Court may, after hearing the person, if any, claiming any right thereto and the evidence, if any, which he produces in support of his claim, order confiscation or in the case of any article other than an intoxicant, hemp, mhowra flowers or molasses, give the owner the option to pay fine as the Court deems fit in lieu of confiscation: Provided that no animal, vessel, vehicle or other conveyance shall be confiscated, if the owner thereto satisfies the Court that he had exercised due care in preventing the commission of the offence. View Complete Act      List Judgments citing this section


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