Maharashtra Excise Manual
Page 28 of 1109

Analysis of mentioned section 24A

Analysis of mentioned section 24A

S9B. 1(1) Whenever the] 2Commissioner] has reason to believe that any of the articles mentioned in section 24A does not correspond with the description and limitations provided in section 59A, he shall cause an analysis of the said article to be made and if upon such analysis the 2Commissioner] shall find the said article does not so correspond, he shall give not less than 15 days3 notice in writing to the person who is the manufacturer thereof or is known or believed to have imported 4or obtained] such article to show cause why the said article should not be dealt with as the intoxicating liquor, such notice to be served personally or by registered post as the 2Commissioner] may determine, and shall specify the time when, place where, and the name of the officer before whom such person is required to appear.

5(1A) If such person fails to show to the satisfaction of the] 2Commissioner] that the said article corresponds with the description and limitations provided in section 59A, the 2Commissioner] may by notification in the Official Gazette direct that the said article be dealt with as an intoxicating liquor and thereupon the provisions of this Act relating to liquor shall apply to that article.]

6(2) Whenever the] 2Commissioner] causes an analysis of an article mentioned in section 24A to be made under sub-section (1) 7or gives notice thereunder], he may require the person who is the manufacture thereof or who is known or believed to have imported 4or obtained] such articles not to sell, distribute or otherwise deal with such article, or to remove it from any place without the previous permission of the 2Commissioner], for any period not exceeding three months from the date of such requisition or till the result of the analysis is known and 8communicated to him in writing by the] 2Commissioner] whichever is earlier, or as the case may be, till such manufacturer or other person satisfies the 2Commissioner] that the article corresponds to the description and limitations provided in section 58A]; and thereupon such manufacturer or person shall comply with such requisition during the said period.]

CHAPTER IV-B.

Control and Regulation of Denatured Spirituous Preparations to prevent their use as Intoxicating Liquor.

Prohibition against possession of denatured spirituous preparation in excess of prescribed limit and the regulation of its limits.

S9C. (1) No person shall have in his possession, except under a permit granted by any officer empowered by the State Government in that behalf, any quantity of denatured spirituous preparation in excess of such a quantity as the State Government may, by notification in the Official Gazette, specify.

(2) In specifying quantity of possession of denatured spirituous preparation under sub-section (1) regard shall be had to the necessity for the free possession of such preparation for legitimate, domestic and other purposes, and different limits may be fixed for—

  1. (i) different local areas,
  2. (ii) different classes of persons, and
  3. (iii) different occasions.