Andhra Pradesh Prohibition (Amendment) Act, 1996*
| [Andhra Pradesh Act No. 10 of 1996] | [24th August, 1996] |
An Act Further to Amend the Andhra Pradesh Prohibition Act, 1995.
Be it enacted by the Legislative Assembly of the State of Andhra Pradesh in the Forty-seventh Year of the Republic of India as follows:-
* Received the assent of the Governor on the 24th August, 1996. For Statement of objects and Reasons, Please see Andhra Pradesh Gazette, Part IV-A, Extraordinary, dated the 21st May, 1996 at Page 5.
1. Short title and commencement.- (1) This Act may be called the Andhra Pradesh Prohibition (Amendment) Act, 1996.
(2) It shall be deemed to have come into force on the 7th February, 1996.
2. Amendment of section 8.- In the Andhra Pradesh Prohibition Act, 1995 (Act 17 of 1995) (hereinafter referred to as the principal Act) in section 8, in clause (b),-
(a) in item (i) for the words "with fine which shall not be less than rupees five thousand but which may extend upto rupees twenty thousands;", the words "with fine which shall not be less than rupees ten thousand or shall not be less than thrice the value of the liquor involved in the offence whichever is higher but which may extend upto six times the value of such liquor, such value being arrived at in the manner prescribed;", shall be substituted;
(b) in item (ii) for the words "with, fine which shall not be less than rupees ten thousand, but which may extend upto, rupees one lakh;", the words "with fine which shall, not be less than rupees twenty thousand or shall not be less than thrice the value of the liquor involved in the offence whichever is higher but which may extend upto six times the value of such liquor, such value being arrived at in the manner prescribed;", shall be substituted;
(c) after item (ii), the following proviso shall be added, namely:-
"Provided that any person in possession of any liquor of a quantity of or less than 375 ml. and who is a first offender under this Act shall be punished with imprisonment for a term which may extend upto three months and with fine which may extend upto five thousand rupees;";
(d) in item (iii), for the words "with imprisonment and with fine of either description as provided therein", the words "with imprisonment of either description and with fine as provided therein", shall be substituted.
3. Amendment of section 25.- In section 25 of the principal Act,-
(a) in the marginal heading, for the words "Offences under the Act to be cognizable", the words "Congnizance and trial of offences", shall be substituted; and
(b) the following proviso shall be added, namely:-
"Provided, that the offences under clause (a) and proviso to clause (b) of section 8 and sections 10 and 11 shall be tried in accordance with the procedure prescribed by Chapter XXI of the Code of Criminal Procedure, 1973."
4. Insertion of new section 25A.- After section 25 of the principal Act, the following shall be inserted, namely:-
25A. "Enhanced Punishment after previous conviction.- If any person after having been previously convicted of an offence punishable under this Act, subsequently commits and is convicted of an offence punishable under this Act, he shall be liable upto twice the punishment which might be imposed on the first, conviction under this Act.".
5. Repeal of Ordinance 15 of 1996.- The Andhra Pradesh Prohibition (Second Amendment) Ordinance, 1996 is hereby repealed.