CO882-(8-9) — Page 663

PUBLIC RECORD OFFICE

Reference :-

PC.O. 882

6

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

-For diegni import, e

For illegal JOI

Por mi conB. duet by licenwe, ke,

82

a riot or unlawful assembly is apprehended or occurs in the vicinity of any such shop, the Government Agent or any Magistrate or chief headman or any police other above the rank of constable who is present may require such shop to be kept closed for such period as he may think necessary.

IX Penalties.

43 Whoever, in contravention of this Ordinance or of any rule or order made under this Ordinance. or of any licence, permit, or pass obtained under this Ordinance —

(4) Imports, exports, transports, or possesses any

excisable article; or

(5) Manufactures any excisable article; or (c) Cultivates or collects the hemp plant (C'annabis

satira or indica) x

; or

(d) Taps any toddy-producing tree; or

(e) Draws toddy from any tree: or

(f) Establishes or works any distillery, brewery,

or warehouse; or

(g) Uses, keeps, or has in his possession any materials, still, utensil, implement, or apparatus whatsoever for the purpose of manufacturing any excisable article other than toddy; or

(h) Sells or keeps or exposes for sale any excisable

article; or

(i) Bottles any liquor for purposes of sale- shall be guilty of an offence, and be liable on conviction to imprisonment of either description for a term which may extend to six months, or to fine which may extend to one thousand rupees, or to both, and where the act he shall be liable to hereby penalized is continued the aforesaid punishment for each day on which the offence is continued to be committed.

Λ

A

44. Whoever without lawful authority has in his excisable article which possession any quantity of has been unlawfully imported, transported, or manu- factured, or on which the prescribed duty has not beer. paid, shall be guilty of an offence, and be liable on conviction to imprisonment of either description for a term which may extend to six months, or to fine which may extend to one thousand rupees, or to both.

the 45. Whoever, being the holder of a licence, permit, or pass granted under this Ordinance, or being employ of such holder and acting on his behalf-

(a) Fails to produce such licence, permit, or pass on the demand of any excise officer, or of any other officer duly empowered to make such demand; or

(b) Wilfully contravenes any rule made under

Section 31; or

(e) Wilfully does or omits to do anything in breach of any of the conditions of the licence, permit, or pass not otherwise provided for in this Ordinance-

shall be guilty of an offence, and be liable on conviction to imprisonment of either description which may extend to three months, or to fine which may extend to two hundred rupees, or to both; and, in the case of

Insert or corn plant

Insert after conviction Insert so Omit

1

Jutlenc

Ilmi for.

83

[a continuing offence,] to such punishment as afore Omit and insert an offence

said for each day of continuance of the offence.]

46. Any excise officer who without lawful excuse shall cease or refuse to perform, or shall withdraw himself from, the duties of his office, unless expressly allowed to do so in writing by the Excise Commis- sioner, or unless he shall have given to his superior officer two months' notice in writing of his intention to do so, or who shall be guilty of cowardice, shall be guilty of an offence, and be liable on conviction to imprisonment of either description which may extend to three months, or to fine which may extend to six months' pay, or to both.

(2) Any excise officer who shall—

(a) Wilfully fail in his duty to report any offence against this Ordinance or any rule or order mude thereunder; or

(b) Connire at the commission of any offence

against this Ordinance—

shall be liable on conriction to imprisonment of either description which may extend to six months, or to fine| which may ertend to one year's pay, or to both.

47. Whoever is guilty of any act or intentional raise omission in contravention of any of the provisions of this Ordinance, or of any rule or order made under this Ordinance, and not otherwise provided for in this Ordinance, shall on conviction be liable to fine which may extend to ino hundred rupees, or, in default of payment of the fine, to imprisonment which may extend to six months, and in the case of a continuing offence to such punishment as aforesaid for each day [of continuance of the offence.

Entinncel punishment

Iter pre

A cor-

Proseontion Testricted.

48. If any person, after having been previously convicted of an offence punishable under Section 43 or Section 44, or under the similar provisions in any enactment repealed by this Ordinance, subsequently commits and is convicted of an offence punishable under either of those sections, he shall be liable to twice the punishment which might be imposed Pro- on a first conviction under this Ordinance. vided that nothing in this section shall prevent any offence which might otherwise have been tried sum- marily under Chapter XVIII. of "The Criminal Pro- cedure Code, 1898," from being so tried.

49.--(1) No Magistrate shall take cognizance of an offence punishable-

(a) Under Section 43 or Section 44, except on his own knowledge or suspicion, or on the complaint or report of an excise officer; or (b) Under Section 45 or Section 46, Cor Section. 47, except on the complaint or report of the Government Agent, or an excise officer

53487

A

authorized by [him] on that behalf.

continued after convic- tion

Omit and insert on which

the offence is so tinued

Insert (1)

Insert

Omit and insert ons

con-

Omit and insert an offence continued after convic-

tion

Omit and insert on which

the offence is so tinued.

Omit

con-

Omit and insert 44, or 47

Omit

Insert

Ercise

Commis-

sioner,

Omit and insert either of

them