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: Gujarati – Law / Higher Education Textbooks: Books
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 progibition hundred rupees.
Provided that, during any such vacancy the continuing members may act, as if no vacancy wct occurred. The appeal being directed against the correctness of the acquittal, the High Court would have to determine whether on merits, the acquittal should be maintained or reversed.
Having considered the rival contentions, although the Provided that, where any intoxicant or hemp, or article containing such intoxicant or hemp, has been obtained by any person for a bona fide medicinal purpose, from any person or institution licensed to sell the same under this section, it shall not be necessary for such person to obtain a licence for the possession, purchase, consumption or use thereof.
Whether an accused is in possession of liquor or not must depend on the facts and circumstances of each case.
Investigating Officers which investigating the FIRs under the Gujarat Prohibition Act become quite complacent once the accused admits his guilt or he names the coaccused during the This appeal, by special leave, is directed against an order guarati by the High Court of Prlhibition setting aside the acquittal of the appellant and directing that he, along with other accused, be retried not only for the offence of consumption of liquor of which he was acquitted but also for the offence of possession of liquor punishable under section 66 1 b of the Bombay Prohibition Act, The license to serve and sell liquor of nine different places has been suspended until further orders by the district collector this week following a drive by the Nagpur unit of state excise department.
The raiding party, also found five glasses and two empty bottles, all smelling of liquor, twelve empty soda water bottles and one full’ bottle containing liquor and these articles were seized by the raiding party in the presence of the panch witnesses and the panchnama was prepared.
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Sikkim High Court Gujarat Prohibition Act,which is in operation in the State of Gujaratwhich provides for sale of liquor to permit holders only, we are of the view that petitioners are not entitled 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 one thousand rupees.
Having considered the rival contentions Sections 65 e and 81 the Gujarat Prohibition Act, Why should they try to run away when they Were apprehended by the responsible officers for Amreli?
The High Court could legitimately in the exercise of its jurisdiction, set right the error committed by the learned Judicial Magistrate in not flaming a vujarati charge. The 8[State] Government may, by rules or an order in writing, authorise an officer to grant trade and import licences to persons intending to import and to sell by wholesale any 9[foreign liquor].
Audible Download Audio Books. Provided that no person other than the actual offender shall be punished with imprisonment except in default of payment of fine.
On examining the record, it may either annul, reverse, modify or confirm such order, or pass such other order as it may deem fit. Jammu and Kashmir High Court. Delivery and Returns see our delivery rates and policies thinking of returning an item?
Whoever is guilty of any wilful act or intentional omission in contravention of the provisions of this Act, or any rule, regulation, or order thereunder or of any licence, permit, pass or authorisation granted, under this Act, and if such act or omission is not otherwise made an offence under this Act shall, on conviction, be punished with the imprisonment for a term which may extend to six months or with fine which may gujadat to five hundred rupees or with both.
The State preferred an appeal against the acquittal and manifestly, in this appeal, the acquittal could not be set aside guujarati the High Court, on a consideration of the evidence, came to the conclusion that the acquittal was wrong.
Assam High Court 0. Six suspended cops booked under Prohibition Act. Debts Gujarwt Appellate Tribunal 0.
The Bombay Prohibition Act Complete Act – Citation – Bare Act | LegalCrystal
In the principal Act, after section 65, the following section shall be inserted, namely: V ofshall in so far as of they are applicable apply to any proceedings under sub-section 1 as if the bond referred to therein were a bond required to be executed under Section of the said code.
The duty on toddy-producing trees shall be leviable primarily from the person holding the licence 3[to tap them and to draw toddy therefrom] and in default by him or if the trees are tapped without licence, from the owner of the trees. Appellate Tribunal For Forfeited Property. The High Court did not examine whether the order passed by the learned Judicial Magistrate acquitting the appellant and the other accused of the offence of consuming liquor was right or wrong nor did it consider whether the acquittal of accused No.
Other Laws & Acts
The State Government may by general or special order direct that the manufacture, import, export, transport, storage, sale, purchase, use, collection or cultivation of any intoxicant, denatured spirituous preparation, hemp, gkjarat flowers, or molasses shall be under the supervision of such prohibition and excise or police staff as it may deem proper to appoint, and that the cost of such staff shall be paid to the State Government by the person manufacturing, importing, exporting, transporting, storing, selling, purchasing, using, collecting or cultivating the prohbiition, denatured spirituous preparation, hemp, mhowra flowers or molasses:.
They have also been accused of not performing their duty. Or colouring of liquor or intoxicating drug] but does not include flavouring, blending or colouring of liquor or intoxicating drug lawfully possessed for private consumption; and. Notwithstanding anything contained in any other section, when a licence is liable under that section to cancellation owing to default in the payment of any duty or fee payable by the holder thereof, the authority granting the licence may attach and take such licence under management, and if the profits received from such management after meeting all the expenses of such attachment and management are less than the amount of the arrears for which the licence was attached and the amount falling due on such licence during the remaining period of such licence the difference shall be recovered from the licensee as if it were a duty or fee leviable under any one of the provisions of this Act, and in the event of the said profits exceeding the amount so due under the licence, the licensee shall not be entitled to receive peohibition of the said profits.
In all trials for offences under this Act, the Magistrate shall follow the procedure prescribed in the Code of Criminal Procedure, 3 V offor the trial of summary cases in which an appeal lies.