(1) The Act may be called the Andhra Pradesh Prohibition Act, 1995.

(2) It extends to the whole of the State of Andhra Pradesh.

(3) It shall come in to before on such date as the Government may by notification appoint.

In this Act unless the context otherwise inquires

(1) buy or buying includes any receipts including gift;

(2) Collector means the Collector of district and includes the joint Collector or any person appointed by the Government to exercise, the powers and perform the functions of a Collector under this Act;

(3) Commissioner means the Commissioner of Prohibition and Excise appointed under section 3 of the Andhra Pradesh Excise Act, 1968 (Act 17 of 1968);

(4) foreign liquor includes every liquor imported into India, other than Indian liquor;

(5) Government means the State Government;

(6) Indian liquor means liquor produced, manufactured or compounded in India after the manner of gin, brandy whisky or nun imported from foreign countries and includes milk punch and other liquors consisting of or containing any such spirits, but does not include foreign liquor;

(7) liquor includes,

(a) spirits of wine, denatured spirits methylated spirits rectified spirits, wine, beer and every liquid consisting of or containing alcohol; and

(b) any other intoxicating substance which the Government by notification, declare to be liquor for, the purposes of this Act,

but does not include today;

(8) local body means any Municipal Corporation. Municipality, Notified Area, Gram Panchayat, Mandal Parishad Zilla Parishad. Township or a Cantonment constituted under the relevant law for the time being in fore;

(9) notification means a notification published in the Andhra Pradesh Gazette and the them notified shall be construed accordingly;

(10) place includes an open place, a house, club, shed, enclosure, building, shop, tent, vessel, raft and vehicle.

(11) police station includes any place which the Government may, by notification, declare to be a police station for the purpose of this Act;

(12) proscribed means prescribed by rules made under this Act;

(13) Prohibition Officer means the Commissioner, a Collector or any Officer or other person to when the Commissioner or the Collector delegates his powers or functions under section 6;

(14) sale or selling includes any transfer including gift;

(15) spirit means any liquor containing alcohol and obtained by distillation whether it is denatured or not;

(16) words and expressions used in this Act but not defined shall have the meanings assigned to them in the Andhra Pradesh Excise Act, 1968 (Act 17 of 1968).

CHAPTER 1CHAPTER 2

ESTABLISHMENT AND CONTROL

The Commissioner of Prohibition and Excise for the State appointed under section 3 of the Andhra Pradesh Excise Act, 1968 (Act 17 of 1968) shall, subject to the general or special orders of the Government in this behalf, be the Chief controlling authority in all matters connected with the administration of this Act.

The Collector shall exercise the powers and perform the functions assigned by or under this Act subject to the general control of the Commissioner.

The officers and staff referred to in section 5 of the Andhra Pradesh Excise Act, 1968 (Act 17 of 1968) shall be deemed to be officers staff appointed also for the purposes of giving effect to this Act, and for this purpose it shall be competent for the Government to give such directions and to make such rules as they may deem fit with regard to their powers and functions.

For purposes of giving effect to this Act, the Commissioner, the Collector or the Prohibition and Excise Superintendent may, by order, delegate to any officer sub-ordinate to him any of the powers conferred on or functions intrusted to the Commissioner, the Collector of the Prohibition ??? Excise Superintendent by or under this Act, subject to such ??? and control as may be prescribed, and subject all of such limitations and conditions, if any, as may be specified the order of delegation.

CHAPTER-III

Prohibition and Penalties

The selling, buying, being in possession and consumption of liquor, otherwise than in accordance with the provisions of his Act, or as the case may be, the Andhra Pradesh Excise of 1968 (Act 17 of 1968) is hereby prohibited.

(8) ??? for buying, ??? consumption of liquors. Whoever,

(a) buys, or consumes any liquor except in ??? with the provisions of this Act, or the terms of any ??? notification order, licence or permit issued thereunder all be punished with imprisonment for a term which may tend upto six months or with fine which may extend upto one ??? rupees or with both;

(b) possesses or sells any liquor without any licence permit granted under the Andhra Pradesh Excise Act, 1968 (Act 17 of 1968) ??? be punished,

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

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

(c) having obtained a licence or permit granted ??? The Andhra Pradesh Excise Act, 1968, (Act 17 of 1968) sells any liquor otherwise than in accordance with the provisions of this Act or terms my rule, notification, order, licence or permit issued there under shall be punished with imprisonment for a term which may extend upto six month's or with fine which my extend upto rupees one ??? or with both;

(d) allows consumption of liquor upon premises in his ??? mediate possession shall be punished with imprisonment for a term which may extend upto six months or with fine which may extend upto one thousand rupees or with both.

9. Punishment for being found in a state or intoxication. Whoever is found in a state of intoxication in and public place and whoever, not having been permitted to consume ??? liquor in pursuance of this Act, is found in state of intoxicate in any private place, shall be punishable with imprisonment which may extend upto six months, of with fine ??? may extend upto one thousand rupees, or with both.

10. Punishment for abatement of escape of persons ???. Any officer or person exercising powers under ??? Act, who,

(a) unlawfully releases or abets the escape of any ??? arrested under this Act, or abets the commission of any offence against this Act, or

(b) acts in any manner inconsistent with his duly for the purpose of enabling any person to do anything whereby ??? of the provisions of this Act may be evaded or ??? and any other officer of the Government or of a local ??? abets the commission of any offence against this it shall be punished with imprisonment which may extend upto ??? months, or with fine which may extend up to five hundred ???, or with both.

11. Punishment for offences not Otherwise provided for. whoever is guilty of any willful act or intentional ??? contravention of any of the provisions of this Act or cay rule, notification of order made thereunder and not otherwise provided for in this Act, shall be punishable with file which ??? extend upto five hundred rupees.

12. Things liable to confiscation. Without prejudice to the powers of the Excise Officers ??? section 46 of the Andhra Pradesh Excise Act, 1968, (Act 17 of 1968) in ??? case in which an offence has been committed against this, the liquor by means of which the offence has been committed ??? shall be liable to confiscation along with the receipts pages, coverings animals, vessels, carts or other vehicles ??? to hold or carry the same.

13. Confiscation how ordered. (1) When the offender is convicted or when the person ??? with an offence against this Act is acquited, but the ??? decides that anything is liable to confiscation, such confiscation may be ordered by the Court.

(2) When, an offence against this Act has been committed the offender is not knows or cannot be found, or when thing liable to confiscation under this Act and not in the ??? of any person cannot be satisfactorily accounted for, case shall be inquired into and determined by the Collector other Prohibition Officer in change of the district or by any ??? office authorised by the State Government in that behalf may order such confiscation.

Provided that no such order shall be made until the expiration of fifteen days from the date of seizing the things intended to be confiscated or without hearing the persons, if any, claiming any right thereto, and evidence, if any, which they produce in support of their claims.

4. Police to take charge of articles seized. All officers in charge of police stations shall take charge of and keep in ??? custody pending the orders of a Magistrate or of a Prohibition Officer. All articles seized under this Act which may be delivered to them; and shall allow any Prohibition Officer who may accompany such articles to the Police station, or who may be deputed for the purpose by his superior officer, to affix his seal to such article? and to take samples from them. All samples so taken shall also be sealed with the seal of the officer in charge of the police station.

15. Exemptions. (1) Subject to such rules as may be made in this behalf the prescribed authority may issue,

(i) permits 10 persons who are foreigners under the Foreigners Act, 1939 (Act XVI of 1939) and to persons who are non-resident Indians to consume liquor;

(ii) licences to hotels and restaurents recognised as three star and above in accordance with such rules as may be made and to such categories of institutions as may be specified by notification subject to such criteria as may be prescribed to sell foreign liquor or Indian liquor to the holders of permits granted under this Act;

(iii) ??? to those who are medically certified by any notified medical authority as requiring to consume liquor an account of any diagnosed health condition or problems to ???

(iv) permits to persons who are tourists from outside the State and to persons who are not ordinarily residents of the State to consume liquor;

(v) permits to members serving or retired belonging to the armed forces to consume liquor;

(vi) permits to companies corporations, institutions, in industrialists, exporters, importers and similar such functionaries as may be notified, who normally entertain foreigners, non-resident Indians and guests coming from outside the in persuance of their business activity or the activity connected with their institutions to buy and serve liquor;

(vii) permits to consume liquor in cases of medical emergency; and

(viii) permits for sacramental wine used in masses conducted in Churches.

(2) Permits for possession and consumption of liquon shall be given at the entry points subject to such rules as may be made in this behalf to,

(i) foreign and non-resident Indian tourists who bring foreign liquor with them from abroad to the extent of eligibility under the Baggage Rules, 1978 made under Customs Act, 1962 (Central Act 52 of 1962) for their own consumption subject to proof of entry into India from abroad;

(ii) Indians returning from abroad who are medically certified to be in need of consumption of liquor to the extent of their eligibility under the afore said baggage Rules, 1978 subject to proof of entry into India from abroad.

(3) Whoever is in possession of liquor at the Commencement of this Act of a quantity not exceeding one quart bottle and who are medically certified to be in need of periodic consumption of liquor may retain and use such liquor and the liquor in excess of the said quantity shall be surrendered for with to the notified authority.

(4) Who ever, at the commencement of this Act is in possession of any liquor, without any medical certification as to the need for the consumption of liquor in the case of an individual, and in other cases for any purpose, shall surrender such liquor, subject to such rules as may be made in this behalf.

(5) A permit or licence granted under this section shall be in such form and for such period and subject to such conditions including conditions relating to the for payable and as to its non-transferability, openion, cancellation and attachment for viola-lions, as may be precribed.

(6) Without prejudice to the action to be taken under sub-section (5) any person who is guilty of any violation of the conditions of the licence or permit granted under this section;hall be liable to fine which may extend upto one thousand rupees.

16. Exemption of bonafide travellers and lawful consignments. until the Government by notification otherwise direct and subject to such conditions as may be prescribed, the provision of this Act shall not be deemed to apply,

(a) to liquor in the possession of bonafide travellers for their own personal use while passing through any local area in which this Act is in force; or

(b) to lawful consignment of liquor carried through or into any such local area.

CHAPTER-V

DETECTION, INVESTIGATION AND TRIAL OF OFFENCES

17. Issue of Search Warrants. (1) If any Collector, Prohibition Officer or Magistrate upon information obtained after such inquiry as he thinks necessary, has reason to believe that an offence under section 8 has been committed, he may issue a warrant for a search for any liquor, materials, still, utensil, implement or apparatus in respect of which the alleged offence has been committed. Any person has been contrusted 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 under 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:

Provided that every person arrested under this section, shall be admitted to bail by the person arresting, if sufficient bail be tendered for his appearance either before a Magistrate or before a Police or Prohibition Officer, as the case may be.

(2) Before issuing such warrant, the Collector, Prohibition Officer or Magistrate shall examine the informant on oath and the examination shall be reduced into writing in a summary manner and be signed by the informant, and also be the Collector, Prohibition Officer or Magistrate.

18. Powers of entry without search warrant. Whenever, a Collector, any Prohibition Officer or any Police Officer, not below the rank of Inspector, any officer in charge of a Police Station, has reason to believe that an offence under section 5 has been committed and that the delay occasioned by obtaining search warrant under section 17 wilt prevent the execution there of, he may, after recording this reasons and the ground; of his belief, at any time by day or night enter and search any place and may seize anything found therein which he has reason to believe to be liable to confiscation under this Act; and Any detain and search and, if he thinks proper, arrest any person found in such place whom he has reason to believe to be guilty of any offence under this Act and also seize and detain any excisable, or other article which he has reason to believe to be liable to confiscation under this Act:

Provided that every person arrested under this section shall be admitted to bail by such officer as aforesaid if sufficient bail be tendered for his appearance either before a Magistrate or before a Police or Prohibition Officer, as the case may be.

19. Power entry and inspection. The Collector, any Prohibition Officer or any Police, Officer, not below the rant of an Inspector may enter and inspect at any time by clay or by night, any place in which it is reasonably suspected,

(a) that any liquor is kept for sale or stored; or

(b) that an offence under section 8 is being committed;

and may examine, test, measure or weigh any material, still, utensil, implement, appratus or liquor found in such place.

20. Power to use force in case of resistance to entry. If may officer empowered to mate an entry under sections 17, 18 and 19 cannot otherwise make such entry, it shall be lawful for him to break open any outer or inner door or window and to remove any other obstacles to his entry into any such place.

21. Arrest of offenders and seizure of contraband liquor and articles without warrant. Any Prohibition Officer or any Police Officer, not below the rank of an Inspector,

(a) may arrest without warrant any person found committing an offence punishable under section 8 or section 9;

(b) may seize and detain any liquor or other article which he has reason to believe to be liable to confiscation under this Act; and

(c) may search any person vessel, vehicle, animal, package, receptacle or covering, upon whom or in which, he may have reasonable cause to suspect any such liquor or other or to be concealed.

22. Arrest of persons refusing give name or giving false name. Any person, who may be accused or reasonable suspected of committing an offence under this Act, and who on demand made by any Prohibition Officer or any Police Officer not below the rank of an Inspector refuses to give his name and residence or who gives a name or residence which such officer has reason to believe to be false, may be arrested by such Officer in order that his name and residence may be ascertained.

23. Arrest search etc., how to be made. Any person arrested under this Act, shall be informed, as soon as may be of the grounds for such arrest and save as otherwise expressly provided in this Act, the provisions of the Code of Criminal Procedure, 1973, (Central Act II of 1974) relating to arrests, detention in custody, searches, summons, warrants of arrests, search warrants, the production of persons arrested and the disposal of thing seized shall apply, as far as may be, to all actions taken in these respects under this Act.

24. Power to Prohibition and Excise Officer in matters of investigation. (1) Any Prohibition and Excise Officer not below the rank of an Inspector may, as regards offences under this Act exercise within such area as may be notified in this behalf, powers conferred on an Officer incharge of a police station by the provision of Code of Criminal Procedure, 1973 (Act II of 1974):

Provided that any such power shall be subject to such restrictions and modifications, as may be prescribed.

(2) For the purposes of section 156 of the said Code the area in regard to which a Prohibition and Excise Officer is empowered under sub-section (1) shall be deemed to be a police station and such officer shall be deemed to be the officer-in-charge of such station.

25. Offences under the Act to be cognizable. Notwithstanding anything Contained in the code of Criminal procedure 1973, (Act II of 1974) all offences under this Act, shall be cognizable and provisions of the said code with respect to cognizable offenses shall apply to them.

26. Punishment for vexatious search of arrest. Any officer or person exercising powers under this Act who,

(a) without reasonable ground of suspicion enters or earches or causes to be searched any closed place; or

(b) variously and unnecessarily seizes the property of any person on the pretence of seizing or searching for anything-liable to confiscation under this Act; or

(c) vexatiously and unnecessarily detains, searches or arrests any person; or

(d) maliciously and falsely lays information leading to a search, seizure, detention or arrest; or

(e) in any other way maliciously exceeds his lawful powers,

shall be punished with imprisonment which may extend upto six months, or with fine which may extend upto five hundred rupees or with both.

CHAPTER-VI

MISCELLANEOUS

27. Prohibition Committees. There shall he constituted Prohibition Committees by the Collector at the Mandal level and by the Government at the District and State levels. The composition and powers and functions of such Committees shall be such as may be prescribed.

28. Duty of official of all Departments and local bodies to assist.. Officies of all departments of the Government and of all local bodies shall be legally bound to assist any Prohibition or Police Officer in earring out the provisions of this Act.

29. Offends to be reported, etc.. Every Official emploed by the Government or by any local body other than a Police or any Prohibition Officer Shall be bound to give immediate information at the nearest police station or to a Prohibition Officer of all breaches of any of the provisions of this Act which may come to his knowledge and all such officials shall be bound to take all reasonable measures in their power to prevent the commission of any such breaches which they may know or have reason to believe are about or likely to be committed.

30. Protection of action taken under this Act. No suit or other legal proceedings shall lie against the Government or any officer or any other person empowered to exercise powers or to perform the functions under this Act for anything in good faith done or intended to be done under this Act.

(31) Overriding effect. Save as otherwise provided the provisions of this Act shall have effect, not with stand in any thing in consistent therewith contained in the provisions of the Andhra Pradesh Excise Act, 1968 (Act 17 of 1968) and the rules made thereunder for the time being in force.

(32) Savings. Nothing in this Act shall be deemed to preclude.

(a) the Andhra Pradesh Beverages Corporation Limited to carry on trade in liquor in accordance with rules made in this behalf;

(b) the baying and selling of liquor carried on by the military canteens in the state under any licence granted in accordance with the provisions of the Andhra Pradesh Excise Act, 1968 (Act 17 or 1968) and the rules made thereunder; and

(c) the consumption of medicines containing alcohal)

33 Power to make Rules. (1) The Government may, by notification, make rules for carrying out all of the purposes of this Act.

(2) Every rule made under this Ait shall, immediately after it is made, be laid before the Legislative Assembly of the State, if it is in session and if it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions and if, before the expiration of the session in which it is so laid or the session immediately following the Legislative Assembly agree in making any modification in the rife or in the annulment of the rule, the rife sell from the date on which the modification or annulment is notified have effect only in such modified form or shall stand annulled as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

34. Amendment of Act 17 of 1968. In the Andhra Pradesh Excise Act, 1968,

(1) In section 1, for sub-section (2), the following shall be substituted, namely:

(2) It extends to the whole of the State of Andhra Pradesh:

Provided that on and from the date of commencement of the Andhra Pradesh Prohibition Act, 1995 the provisions of this Act shall, in so far as they are inconsistent with the provisions of the said Act cease to operate. ;

(2) In section 5, for sub-section (1), the following shall be substituted, namely:

(1) The Government may appoint such number of Additional Commissioners, Joint Commissioners, Deputy-Commissioners and Assistant Commissioners of Prohibition and Excise and District Prohibition and Excise Officers and such other officers as they think fit for the purpose of performing the functions respectively conferred on them by or under this Act .

(3) Throughout the Act for the words Excise Officer Commissioner of Excise , Additional Commissioners of Excise , Deputy Commissioner of Excise , Assistant Commissioner of Excise , Excise Superintendent , Assistant Excise Superintendent and Excise Department , the words, Prohibition and Excise Deputy Commissioner of Prohibition and excise Additional Commissioner of Prohibition and Excise, Deputy Commissioner of Prohibition and Excise , Assistant Commissioner of Prohibition and Excise , Prohibition and Excise. Superintendent Assistant Prohibition and Excise and Superintendent and Prohibition and Excise Department shall respectively be substituted.

35. Repeal Act X of 1973 and Ordinance 19 of 1994. Andhra Pradesh (Andhra Area) Prohibition Act, 1937 and the Andhra Pradesh Prohibition Ordinance, 1994 are hereby repeated.

1. Received the ??? of the Preside on the 17th February, 1995. For ??? of Objects ??? please see the Andhra Pradesh Gazette, Part IV-A, Extraordinary, dated 17th January, 1995 at Pages 19.