Andhra Pradesh Prohibition (Amendment) Act, 1995*
| [Andhra Pradesh Act No. 35 of 1995] | [12th October, 1995] |
An Act to amend the Andhra Pradesh Prohibition Act, 1995.
Be it enacted by the Legislative Assembly of the State of Andhra Pradesh in the Forty-sixth Year of the Republic of India as follows:-
* Received the assent of the assent on the 12th October, 1995 for Statement of objects & Reasons, please see the Andhra Pradesh Gazette Part IV-A, Extraordinary, dated 13-9-1995 at pages 14 & 15.
1. Short title and commencement.- (1) This Act may be called the Andhra Pradesh Prohibition (Amendment) Act, 1995.
(2)(i) section 2, 3 and 6 shall be deemed to have come into force on the 16th January, 1995;
(ii) section 4, sub-clause (iv) of section 7, section 13, section 14 section (ii) and section 16(ii) shall be deemed to have come into force on the 18th July, 1995, and section 22 shall be deemed to have come into force on the 9th Septemcr, 1995, and
(iii) the remaining provisions shall come into force at once.
2. Amendment of long title.- In the Andhra Pradesh Prohibition Act, 1995 thereinafter referred to as the principal Act,), in the long title, for the words "Prohibition of Sale", the words "Prohibition of the Manufacture, Sale", shall be substituted.
3. Amendment of preamble.- In the preamble of the principal Act, in paragraph 2, for the words "prohibition of the sale", the words "prohibition of the manufacture, sale" shall be substituted.
4. Amendment of Section 2.- In section 2 of the principal Act,-
(i) for clause (7), the following shall be substituted,-namely,-
"(7) ‘liquor’ includes,-
(a) spirits of wine, wine, beer and every liquid constising of or containing alcohol including Indian Liquor and Foreign Liquor;
(b) any other intoxicating substance which the Government may by notification, declare to be liquor for the purposes of this Act;
but does not include toddy denatured spirits, methylated spirits and rectified spirits;
(ii) clause (15) shall be omitted.
5. Amendment of section 6.- In section 6 of the principal Act for the words "the Collector" in the two places where they occur the words Collector, the Assistant Commissioner of Prohibition and Excise" shall be substituted.
6. Insertion of new section 7A.- After section 7 of the principal Act the following section shall be inserted namely:-
7-A. "Prohibition of manufacturing of liquor.- Manufacturing of liquro is hereby prohibited".
7. Amendment of Section 8.- In section 8 of the principal Act,-
(i) in clause (a) the words "buys, or", shall be omitted;
(ii) in clause (b),-
(a) for the words "possesses or sells", the Words "possesses, collects, buys, sells or transports", shall be substituted;
(b) after sub-clause (ii), the following shall be inserted namely;-
"(iii) where the commission of any offence either under sub-clause (i) or sub-clause (ii) is abetted, the abettor shall be liable for punishment with imprisonment and with fine of either description as provided therein;";
(iii) In clause (d) for the words "six months or with fine which may extend upto one thousand rupees", the words "three years or with fine which may extend upto ten thousand rupees", shall be substituted;
(iv) after clause (d), the following clause shall be added, namely:-
"(e) contravenes the provisions of section 7A shall on conviction be punished with imprisonment for a term which shall not be less than one year but 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."
8. Amendment of Section 9.- In section 9 of the principal Act;-
(i) for the words "punishable with imprisonment which may extend upto six months or with fine which may extend upto one thousand rupees," the words "punishable with imprisonment which shall not be less than two months but which may extend upto one year and with fine which may extend upto two thousand rupees" shall be substituted;
(ii) to section 9 as so amended, the following explanation shall be added; namely;-
"Explanation:-For the purposes of this section "intoxication" means a state of mind and behaviour in which a person is incapable of knowing the nature of his actions or incapable of judging the consequences thereof by reason of intoxication;".
9. Amendment of Section 10.- In section 10 of the principal Act,-
(i) in clause (a) the words "abets the commission of any offence against this Act or" shall be omitted;
(ii) in clause (b) the words "and any other officer of the Government or of a local body who abets the commission of any offence against this Act" shall be omitted.
10. Insertion of new section 11A.- After section 11 of the principal Act the following section shall he inserted namely:-
11-A. Grant of ???.- Notwithstanding anything contained in the Code of Criminal Procedure 1973 (Central Act II of 1974) no court shall grant any bail to any person accused of an offence under sub-clause (i) or sub-clause (ii) or sub-clause (iii) of clause (b) or under clause (e) of section 8 unless the prosecuting officer is given an opportunity to oppose the application and the Court shall record reasons while granting the bail.".
11. Substitution of Section 13.- For section 13 of the principal Act, the following sections shall be substituted; namely;-
13. Confiscation or thing by prohibition and excise Office in certain Cases.- (1) Notwithstanding anything contained this Act or in any other law for the time being in force where, anything liable for confiscation under section 12 is seized and detained under the provisions of this Act, the Officer seizing and detaining such pro party shall shout any unreasonable delay, produce the said seized property before the Deputy Commissioner of Prohibition and Excise who has jurisdiction over the area.
(2) On production of the said seized property under sub-section (1), the Deputy Commissioner of prohibition and 1 Excise if satisfied that an offence under this Act has been committed may whether or not a prosecution is instituted for the commission of such an offence, order confiscation of such property.
(3) While making an order of confiscation under sub-section (2), the Deputy Commissioner of Prohibition and Excise may also order that such of the properties to which the order of confiscation relates which in his opinion need not be preserved; or are not fit for human consumption be destroyed.
(4) Where the Deputy Commissioner of Prohibition and Excise after passing an order of confiscation under sub-section (2) is of the opinion that it is expedient in public interest so to do, he may order the confiscated property or any part thereof to be sold by public auction or dispose of depart mentally.
(5) The Deputy Commissioner of Prohibition and Excise shall submit a full report of all particulars of confiscation to the Commissioner of Prohibition and Excise within twenty four hours of such confiscation.
(6) The Deputy Commissioner of Prohibition and Exciso shall, for the purposes of this Act, have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) when making enquiries under this section in respect of the following matters, namely:-
(a) receiving evidence on affidavits;
(b) summoning and enforcing the attendance of any person and examining him on oath; and
(c) compelling the production of documents.
13A. Issue of show cause notice.- No order of confiscation of any prep arty shall be made under section 13 unless the person from whom the said property is seized,-
(a) is given a notice in writing informing him of the gourds on which it is proposed to confiscate such property; and
(b) is given an opportunity of making a representation in writing within such reasonable time as may be specified in the notice.
13B. Order of confiscation in the absence of offend.- When an offence under this Act has been committed but the offender is not known or cannot be found, or when anything liable to confiscation under this Act, and not in the possession of any person cannot be satisfactorily accounted for, the Assistant Commissioner of Prohibition and Excise of the Prohibition and Excise Superintendent may by or is confiscate such property:
Provided that no such order shall he made until the expiration of one month, from the date of seizing the goods intended to be confiscated.
13C. Appeal.- Any person aggrieved by an order pass by the Deputy Commissioner of Prohibition and Excise under section 13 may, within sixty days from the dato of passing such order, appeal to the Commission?, of Prohibition and Excuse, who may after giving ??? opportunity to the appellant pass such orders as he deemsfits.
13D. Order of confiscation not to interfere with other punishments.- The order of confiscation under sub-section (2) of section 13 or section 13B shall not prevent from initiation of criminal proceedings against the accused under this Act. The result of criminal proceedings cither acquittal or conviction or otherwise under the provisions of this Act, will have no bearing on the order of confiscation passed under this Act.
13E. Bar of jurisdiction.- Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act II of 1974) when the Deputy Commissioner of Prohibition and Excise or the appellate authority is seized with the matter under this Act, no court shall entertain any application in respect of liquor, any receptacle, package covering, any animal, cart, vehicle or other conveyance used in carrying such liquor as fits as its release, or confiscation is concerned and the jurisdiction of the Deputy Commissioner of Prohibition and Excise or the appellate authority with regard to the disposal of the same shall be exclusive.
13F. "Property confiscated when to vest in Government.- When an order for confiscation of any property has been passed under section 13 or section 13B and such order has became final in reject of the whole or any sortie in of such property, such property or portion thereof, as the case may be, shall vest in Government free from all oncumbrancos.".
12. Substitution of Section.- For section 14 of the principal Act, the following section shall be substituted, namely:-
14. "Police to lake change of article seized.- All officers in charge of police stations shall take charge of and keep in safe custody under seal all articles seized under this Act along with samples which shall also be sealed with the seal of the officer in charge of the police station. The seized property including vehicles involved shall be produced before the Deputy Commissioner of Prohibition and Excise having jurisdiction, to take action in accordance with the procedure specified in section 13"."
13. Amendment of Section 15.- In section 15 of the Principal Act, in sub-section (1), clause (iii) shall be omitted.
14. Amendment of Section 17.- For section 17 of the principal Act, the following shall be substituted, namely:-
17. "Issue of search warrants.- If any Collector, Prohibition Officer or Magistrate upon information obtained after such inquiry as he thinks necessary, has canon to believe that an offence under section 7, section 7A or section 8 has been committed he may issue a want for a search for any liquor, materials, still, utensil, implement or apparatus in respect of which the alleged offence has been committed. Any person who has boon entrusted with the execution of such a warrant may detain and search, and if he thinks proper, arrest any person found in the place searched, if he has reason to believe such person to be guilty of any offence facet this Act and also seize and detain any excisable or other articles which he has reason to believe to be liable to confiscation under this Act."
15. Amendment of Section 18.- In section 18 of the principal Act-
(i) for the words "not to low the rank of Inspector", the words" not fallow the rank of a Sub-Inspector" shall be substituted;
(ii) for the expression "section 8", the expression "section 7, section 7A or section 8", shall be substituted; and
(iii) the proviso shall be omitted.
16. Amendment of Section 19.- In section 19 of the principal Act,
(i) in the opening portion for the words "not below the rank of Inspector" the words "not below the rank of a Sub-Inspector", shall be substituted; and
(ii) in clause (b) for the expression "section 2", the expression "section 1, section 7A or section 8", shall be Substituted.
17. Amendment of Section 21.- In section 21 of the principal Act.
(i) in the opening portion for the words "not below the link of an Inspector", the words "not below the rank of Sub-Inspector", shall be substituted; and
(ii) in clause (a) for the expression "section 8 or section 9" the expression "section 7, section 7A, section 8 of section 9" hall be substituted.
18. Amendment of Section 22.- In section 22 of the principal Act, for the words "not below the rank of an Inspector", the words "not below the rank of a Sub-Inspector", shall be substituted.
19. Amendment of Section 24.- In section 24 of the principal Act, for the words "not below the rank of on Inspector", the words "not below the rank of Sub-Inspector", shall be substituted.
20. Insertion of new Section 31A.- After section 31 of the principal Act, the following section shall be inserted, namely:
31A. "Power to remove difficulties.-(1) If any difficulty arisesin giving effect to the provisions of this Act, the Government may make such orders not inconsistent with the provisions of this Act, as appeal to them to be necessary or expedient for the purpose of removing the difficulty;
Provided that no such order shall be made after the expiration of two years from the commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is ??? be laid down before the Legislative Assembly of the State".
21. Amendment of Section 32.- In section 32 of the principal Act, for clause (c), the following shall be substituted, namely:-
"(C) the consumption and utilisation of medicines, toilot preparations and other food material, containing alcohol."
22. Insertion of now section 32A.- After Section 32 of the Principal Act, the following section shall be added, namely:-
32A. "Transitional provision.- (1) Notwithstanding anything contained in the Andhra Pradesh prohibition Act, 1995 (Act 17 of 1995). In insertion of New section 32A. Act 17 of 1995 the Andhra Pradesh Liquor (Issue of Permit and Licence) Rules, 1995, the Indian Contract Act, 1872 (Contract Act IX of 1872) or the terms and conditions of any agreement ??? into with the licensing authority under this Act or on under the said rules, for the grant of all such permits and licences health ground on the recommendation of the notified medical authorities specified under the said rules shall stand ??? in public interest; and accordingly not suit or other proceeding shall be entertained or continued in and court against such permitting or ??? authority or any person or authority what soever for the enforcement of any terms and conditions of such permit of hence so terminated or for any damages or compensation on the ground that any loss is sustained by the termination thereof before its expiry.
(2) within a period of seven days from the date of commencement of this Act, every licence shall surrender to the permitting or licensing authority, the entire stock of liquor on the date of such commencement, is in the ??? of any holder of any permit or licence which stood terminated under sub-section (1) on such terms and conditions, as may be prescribed.
(3) All applications made for grant of permit or licence pending before the permitting or licensing authority on the appointed date and every action taken, or enquiry made in respect of such application, shall abate and all fees paid in connection therewith (including the application foe and licence fee, if any) already paid shall be refunded.
23. Repeal of Ordinance 12 of 1995.- The Andhra Pradesh Prohibition (Amendment) Ordinance, 1995 is hereby repealed.