draws or permits to be drawn toddy from any tree,
shall, on conviction, be punished—
-
for a first offence, with imprisonment for a term which may extend to six months and with fine which may extend to 5ten thousand rupees5:
Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the Court, such imprisonment shall not be less than three months and fine shall not be less than 6five thousand rupees6;
-
for second offence, with imprisonment for a term which may extend to two years and with fine which may extend to 7twenty thousand rupees7:
Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the Court, such imprisonment shall not be less than six months and fine shall not be less than 8ten thousand rupees8;
-
for a third or subsequent offences, with imprisonment for a term which may extend to two years and with fine which may extend to 9twenty thousand rupees9:
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 nine months and fine shall not be less than 10ten thousand rupees10.
11(2) Subject to the provisions of sub-section (3), where in any trial of an offence under clause (b) of sub-section (1) for the consumption of an intoxicant, it is alleged that the accused person consumed liquor, and it is proved that the concentration of alcohol in the blood of the accused person is11 12not less than 0.05 per cent, weight in volume12 then the burden of proving that the liquor consumed was a medicinal or toilet preparation, or an antiseptic preparation or solution, or a flavouring extract, essence or syrup, containing alcohol, the consumption of which is not in contravention of the Act or any rules, regulations or orders made there under, shall be upon the accused person, and the Court shall in the absence of such proof presume the contrary.