In exercise of the powers conferred by section of the Bombay Prohibition Act, (Bom. XXV of (, and of all other powers enabling it in this behalf and. The Bombay Prohibition Act, is an Act of the Bombay Legislative Assembly relating to the promotion and enforcement of alcohol prohibition in the Bombay. Bom. XXV). THE MAHARASHTRA PROHIBITION ACT loco co ojo. CONTENTS. PREAMBLE. SECTIONS: CHAPTER I. Preliminary. 1. Short title, extent.
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Every warrant issued under this section shall be executed in the manner provided for the execution of search warrants under the Code of Criminal Procedure, V of Any person who maliciously and falsely gives information to any person exercising prlhibition under this Act leading to a search, seizure.
The Bombay Prohibition Act, 1949
Provided that no such order shall be made before the expiry of one month from the date of seizure, or without hearing [the person, if any, claiming any right thereto] and the evidence, if any, which he produces in support of his claim. OF LIQUOR No person shall- a bottle any liquor for sale; b consume or use liquor; or c use, keep or have in his possession any materials, still utensils, implements or apparatus whatsoever for the manufacture of any liquor.
Every warrant issued under this section shall be executed in the manner provided for bombau execution of search warrants under the [Code of Criminal Procedure at 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, mhowra 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 intoxicant, denatured spirituous preparation, hemp, mhowra flowers or molasses:.
When during the trial of a case for an offence under this Act the Court decides that anything is liable to confiscation under the foregoing section, the Court may, after hearing the person, if any, claiming any right thereto and the evidence, if any, which he produces in support of his claim, order confiscation, or in the case of any article other than an intoxicant, hemp, mhowra flowers or molasses give the owner an option to pay fine as the Court deems fit in lieu of confiscation:.
Notwithstanding anything contained in any law for time being in force no right, title or interest in any licence, permit, pass, or authorization granted under this Act shall be liable to be sold, transferred bombxy attached in execution of any process of any civil or any other Court.
The Bombay Prohibition Act Complete Act – Citation – Bare Act | LegalCrystal
Chapter V Mhowra Flowers On the cancellation or the expiry of the period of any licence, permit, pass or authorization, the 11[Commissioner] may also direct that any stock of any intoxicant, 12[denatured spirituous preparation] hemp or mhowra flowers remaining with the holder of the licence, permit, pass or authorization together with receptacles or packages thereof be forefeited to 13[the State Government. Sectionin so far as it relates to the power to sanction the acceptance of sum of money in lieu of cancellation or suspension of a licence, permit or authorization provided that the sum of money to be accepted In each case does not exceed [five thousand rupees].
Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made, or pass granted, thereunder, removes any intoxicant, hemp, mhowra flowers or molasses from any distillery, warehouse, godown or other her place of storage established or licensed under this, Act, shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees or with both.
Regulation of use or consumption of foreign liquor by certain permit holders. Notwithstanding anything contained in this Act, the State Government shall have the exclusive right or privilege of importing, exporting, transporting, manufacturing, bottling, selling, buying, possessing or using any intoxicant, hemp or toddy and whenever under this Act or any licence, permit, pass, thereunder any fees are levied and collected for any licence, permit, pass, authorisation or other permission given to any person for any such purpose, such fees shall be deemed to include the rent or consideration for the grant of such right or privilege to that person by or on behalf of the State Government.
Prohibition Officers may be empowered to investigate offences. XII ofthe Acts mentioned in Schedule III and in force in that area, shall, to the extent specified in the fourth column thereof, stand repealed:. Prohibition of export, import, transport, sale, manufacture, etc.
The Bombay Prohibition Act, – Wikipedia
Provided further that no person shall be punished in respect of any mhowra flowers which are either growing on a tree or are lying uncollected on the ground, as they have fallen from a tree.
All officers and persons avt to exercise any powers or to perform any functions under this Act shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code XLV of Penalty for possessing, etc. Provided that, the decision taken by the barw of the Gram Sabhas concerned by passing a resolution in the above matter shall be binding on the concerned Panchayat Samiti or the Zilla Parishad, as the case may be.
Power to cancel or suspend licences and permits.
Control of Commissioner over Prohibition Officers and other officers. Every village officer or servant useful to Government, every officer of the State Government, and with the consent of the Central Government every officer of the Customs and Central Excise Departments. Penalty for import, export etc. Any person found in a common drinking house during any drinking therein shall be presumed, until the contrary is proved, to prohibitjon been there for the purpose of drinking, No suit or proceeding shall lie against the 2[Government] or against any prohibition, police, or other officers or against any.
The officer in conducting the investigation shall have the same powers under sub-sections 1 and 2 as if he were the Bombah Officer appointed for the progibition or for the purpose of investigating the said offence. Power to obtain information and to search and seize excisable articles. Amended by Bombay 36 of Whoever, in contravention of the provisions of this Act, or of any rule, regulation bo,bay order made or of any licence, pass, permit or authorisation granted thereunder Power of Collector etc.
Certain offences to be non-bailable. This Act received assent of the Governor General on the 15th May SRO, dated the 22nd Marchor such other distance as may be fixed bomhay time to time by the President hereafter;].
Provided that duty shall not be so imposed on any article which has been imported into [the territory of India] and was liable on such importation to duty under the Indian Tariff Act,or the [Sea Customs Act, ] [or on any medicinal or toilet preparation containing alcohol, opium, hemp or other narcotic drugs or narcotics] [ Explanation.
Owner of trees entitled to assistance for duty paid. Distilleries and warehouses for intoxicants.
Magistrate’s power to impose enhanced penalties. Control and regulation of transport, sale, etc. Prohiibtion now the Code of Criminal Procedure, 2 of Further repeals and savings consequent on commencement of Bombay XXV of in other areas of State.
XXII ofshall apply mutatis mutandis to the recovery of such tax or rate. Provided that any such rules may be made without previous publication, if the 1[State Government considers that they should be brought into force at once.
The members so appointed shall hold office during the pleasure of the State Government. Prohibition of sale to [minor]. 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: Investing officers of [Police and] other departments with powers and duties adt this Act.