Maharashtra Excise Manual
Page 32 of 1109

Penalty for import of opium

(3) The provisions of sub-section (2) shall not apply to the consumption of any liquor—

  1. (a) by indoor patients during the period they are being treated in any hospital, convalescent home, nursing home or dispensary, maintained or supported by Government or a local authority or by charity, or
  2. (b) by such other persons, in such other institutions, or in such circumstances as may be prescribed.

Penalty for import of opium

1[66A1] Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made there under or of any licence, pass, permit or authorisation of opium granted by or under this Act, imports, exports, transports, consumes, uses, possesses, sells or buys opium, shall, on conviction, be punished for each such offence with imprisonment for a term which may extend to three years and also with fine :

Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the Court,—

  1. (i) for a first offence, such imprisonment shall not be less than six months; and fine shall not be less than five hundred rupees;
  2. (ii) for a second offence, such imprisonment shall not be less than nine months and fine shall not be less than one thousand rupees;
  3. (iii) for a third or subsequent offences, such imprisonment shall not be less than one year and fine shall not be less than one thousand rupees.

67. B Penalty for failure to comply with sub-section 2 of section 59B. पोट-कलम (1) खाली आयुक्ताची खात्री करून देण्यात किंवा कलम 59-ब पोट-कलम (2) अन्वये दिलेल्या आदेशाचे पालन करण्यात कसूर केल्याबद्दल शास्ती.

2[(1) Whoever in contravention of section 21 alters or attempts to alter any denatured spirit or has in his possession any spirit in respect of which he knows or has reason to believe that any such alteration or attempt has been made shall, on conviction, be punished 3[with imprisonment for a term which shall not be less than three years but which may extend to five years or with fine which shall not be less than twenty-five thousand rupees but which may extend to fifty thousand rupees or with both.]

4[(2) In prosecution under this section, it shall be presumed, until the contrary is proved, that the alteration or attempt to alter any denatured spirit was done with the intention that such spirit may be used for human consumption as an intoxicating liquor.]

Penalty for attempting to alter spirituous preparation

5[67-1A 6(1)] Whoever in contravention of section 21A alters or attempts to alter any denatured spirituous preparation or has in his possession any such preparation in respect of which he knows, or has reason to believe that any such alteration or attempt has been made shall, on conviction, be punished 7[with imprisonment for a term which shall not be less than three years but which may extend to five years or with fine which shall not be less than twenty five thousand rupees but which may extend to fifty thousand rupees or with both.]