Andhra pradesh act 004 of 1994 : Andhra Pradesh Excise (Amendment) Act, 1994

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Andhra Pradesh Excise (Amendment) Act, 1994.

(2) It shall be deemed to have come into force on the 26th November, 1993.

Section 2. Amendment of section 2

2. Amendment of section 2, Act 17 of 1968.- In the Andhra Pradesh Excise Act, 1968 (Act 17 of 1968) (hereinafter referred to as the principal Acc) in section 2,-

(i) for clause 3, the following shall be substituted, namely:-

"(3) "bottle" means to transfer liquor from one cask to another cask or from a cask or vessel to a bottle, jar, flask, pot, closed packet, basket, tin, Barrel, case, receptacle, bag, sack or wrapper or any other receptacle in any form in which any intoxicant is packed for the purpose of sale whether or not any process of manufacture is employed and includes re-bottling;"

(ii) in clause (5) for the words "the District Revenue Officer", the words "the Joint Collector" shall be substituted.

Section 3. Substitution of new section for section 34

3. Substitution of new section for section 34.- For section 34 of the principal Act, the following section shall be substituted, namely:-

34. "Penalties for illegal import, etc.-whoever, in contravention of this Act or of any rule, notification or order made, issued or passed thereunder or of any licence or permit granted or issued under this Act,-

(a) imports, exports, transports, manufactures, collects or possesses or sells any intoxicant; or

(b) taps any excise tree; or

(c) draws toddy from any excise tree; or

(d) constructs or works any distillery or brewery; or

(e) uses, keeps or has in his possession any materials, stills, utensils, implements or apparatus whatsoever for the purpose of manufacturing any intoxicant other than toddy; or

(f) bottles any liquor for purposes of sale; or

(g) buys any intoxicant; or

(h) possesses any material or ??? either with or without Government logo of any district in the State of Andhra Pradesh or any other State or wrapper or any other thing in which intoxicants can be packed or any apparatus, or implement or machine for the purpose of packing any intoxicant;

(i) removes any intoxicant, from any distillery, brewery or ware house licensed, established or continued under this Act;

shall on conviction be punished,-

(1) in the case of an offence falling under clause (a),-

(i) where the intoxicant involved in the offence is less than such quantity as may be notified in this behalf with imprisonment for a term which shall not be less than six months but which may extend up to three years and with fine which shall not be less than rupees five thousand but which may extend upto rupees twenty thousand;

(ii) where the intoxicant involved in the offence is not less than the quantity notified as aforesaid with imprisonment for a term which shall not be less than one year and which, may extend upto five years and with fine which shall not be less than rupees ten thousand but which may extend upto rupees one lakh; and

(2) in the case of an offence other than an offences falling under clause (a) with imprisonment which shall not be less than six months but which may extend to one year and with fine which may extend upto rupees ten thousand."

Section 4. Amendment of section 36

4. Amendment of section 36.- In section 36 of the principal Act, in clause (???) for the words "child apparently under eighteen years of age or permits or suffers such child" the words "person apparently under twenty one years of age of ??? or suffers such person" shall be substituted.

Section 5. Amendment of section 37

5. Amendment of section 37.- In section 37 of the principal Act,-

(a) after clause (d), the following clause shall be inserted, namely.

"(e) makes any block for printing counterfeit excise adhesive lable, photo copies of such lable for counterfeiting, prints any counterfeit excise adhesive prints any counterfeit excise adhesive lable, makes counterfeit ??? or capsule, to be used on bottles, packages or other receptacles containing Indian liquor or foreign liquor or in possession of counterfeit excise adhesive lable, cork, capsule, block or any other material to be used for ??? such lable or making such cork or capsule."

(b) for items (i) and (ii), the following items shall be substituted, namely:-

"(i) in case of first offence for a term which shall not be less than one years but which may ??? upto three years and with fine which shall not be less than rupees ten thousand but which may extend upto rupees thirty thousand;

(ii) in the case of a second or sub-??? offence for a term which shall not be less than two years but which may extend upto three years and which fine which shall not be less than rupees thirty thousand but which may extend upto rupees one lakh".

Section 6. Insertion of new section 37A

6. Insertion of new section 37A.- After section 37 of the principal Act, the following section shall be inserted, namely:-

37A. "Penalty for adulteration resulting in death etc.- (1) Whoever mixes or permits to be mixed with any liquor or intoxicating drug any noxious substance or any substance which is likely to cause disability or grievous hurt or death to human beings, shall, on conviction, be punishable,-

(i) if, as a result of such an disability or grievous hurt or death is caused to any person, with imprisonment for a term which shall not be less than two years but which may extend upto imprisonment for life, and with fine which may extend upto rupees one lakh;

(ii) in any other case, with imprisonment for a term which shall not be less than one year, but which may extend upto ten years, and with fine which may extend upto fifty thousand rupees.

Explanation: For the purposes of this section, the expression "grievous hurt" shall have the same meaning as in section 320 of the Indian Penal Code, 1860 (Central Act 45 of 1860).

(2) whoever omits to take reasonable precautions to prevent the mixing of any noxious substance or any substance which is likely to cause disability or grievous hurt or death to human beings, with any liquor or intoxicating drug shall, on conviction, be punishable,-

(i) if as a result of such omission, disability or grievous hurt is caused to any person, with imprisonment for a term which shall not be less than two years but which may extend upto imprisonment for life, and with fine which may extend upto rupees one lakh;

(ii) if as a result of such omission, death is caused to any person, with imprisonment for a term which shall not he less than three years but which may extend upto imprisonment for life, and with fine which may extend upto rupees one lakh;

(iii) in any other case, with imprisonment of a term which shall not be less than one year but which may extend upto ten years and with fins which may extend upto rupees fifty thousand.

(3) Whoever possesses any liquor or intoxicating drug in which any substance referred to in sub-section (1) is mixed, knowing that such substance is mixed with such liquor or intoxicating drug shall, on conviction, be punishable with imprisonment for a term which shall not be less than one year but which may extend ten years, and with fine which may extend upto rupees fifty thousand".

Section 7. Insertion of new Section 40A

7. Insertion of new Section 40A.- After section 40 of the principal Act, the following section shall be inserted, namely;-

40A. "Penalty for false statement ??? in declaration or ???.- Whosoever in any ??? or affidavit made to an Excise Officer makes any statement which is false or ??? to be false after due verification or which he believes to be false or does not believe it to be true, touching any point material to the object for which the ??? or affidavit is made or used shall be punished with imprisonment or either description for a term which shall not be less than six months but which may extend upto threes years and shall also be liable to fine which may extend upto rupees ten thousand."

Section 8. Amendment of section 41

8. Amendment of section 41.- In section ??? of the principal act, for the words "be punished with fine which may extend to five thousand rupees", the words "be punished with imprisonment which may extend upto six months with fine which may extend upto five thousand rupees" shall be substituted.

Section 9. Amendment of section 44

9. Amendment of section 44.- In section 44 of the principal Act, in the proviso, for the expression "Chapter XXII of the Code of Criminal Procedure, 1898", the expression "Chapter XXI of the Code of Criminal Procedure, 1973" shall be substituted.

Section 10. Amendment of section 45

10. Amendment of section 45.- In section 45 of the principal Act, in sub-section (3), the proviso shall be omitted.

Section 11. Amendment of section 47

11. Amendment of section 47.- In section 47 of the principal Act, for the expression "clause (c), clause (d), clause (g) or clause (h) of section 34", the expression "clause (b), clause (c) or clause (g) of section 34" shall be substituted.

Section 12. Amendment of section 47A

12. Amendment of section 47A.- In section 47A of the principal Act, in sub-section (1), for the expression "falling under clause (a) of section 22 or section 38", the expression "falling under section 38" shall be substituted.

Section 13. Amendment of section 50

13. Amendment of section 50.- In section 50 of the principal Act,-

(i) for the words "which shall not exceed six months or with fine witch shell not be less than five hundred rupees but which shall not exceed one thousand rupees or ???", the words "which shall not exceed one year" be substituted;

(ii) far the existing marginal heading the marginal heading "Penalty for abetment" shall be substituted.

Section 14. Amendment of new section 53A

14. Amendment of new section 53A.- After section 53 of the principal Act, the following section shall be inserted, namely:-

53A. "obligation of officers to ??? other.- The officers of the Departments of Police and Revenue shall, upon notice given of request made by an Excise officer be legally bound to insist him in carrying out the provisions of the Act."

Section 15. Amendment of section 55

15. Amendment of section 55.- In section 55 of the principal Act, for the expression "or section 37", the expression "section 37 or section 37A" shall be substituted.

Section 16. Amendment of section 56

16. Amendment of section 56.- In section 56 of the principal Act, for the expression "or section 37", the expression "section 37 or section 37A or section 40A" and for the expression "the Code of Criminal Procedure, 1893", the expression "the code of Criminal Procedure, 1973" shall be substituted.

Section 17. Amendment of section 57

17. Amendment of section 57.- In section 57 of the principal Act, for the expression "section 190 of the Code of Criminal Procedure, 1898" the expression "section 190 of the Code of Criminal Procedure, 1973" shall be substituted.

Section 18. Amendment of section 59

18. Amendment of section 59.- In section 59 of the Principal Act, for the expression "the Code at Criminal Procedure, 1898" the expression "the Code of Criminal Procedure, 1973" shell be substituted.

Section 19. Repeal of Ordinance 10 of 1993

19. Repeal of Ordinance 10 of 1993.- The Andhra Pradesh Excise (Amendment) Ordinance, 1993 is hereby repealed.