BOMBAY PROHIBITION (GUJARAT AMENDMENT) ACT, 2009

BOMBAY PROHIBITION (GUJARAT AMENDMENT) ACT, 2009

Preamble - BOMBAY PROHIBITION (GUJARAT AMENDMENT) ACT, 2009

THE BOMBAY PROHIBITION (GUJARAT AMENDMENT) ACT, 2009

[Act No. 29 of 2011]

[0 2nd December, 2011]

PREAMBLE

An Act further to amend the Bombay Prohibition Act, 1949.

It is hereby enacted in the Sixtieth Year of the Republic of India as follows:-

Section 1 - Short title and commencement

(1)     This Act may be called the Bombay Prohibition (Gujarat Amendment) Act, 2009.

(2)     It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

Section 2 - Amendment of section 2 of Bom. XXV of 1949

In the Bombay Prohibition Act, 1949 (Bom. XXV of 1949) (hereinafter referred to as "the principal Act"), in section 2, after clause (23), the following clause shall be inserted, namely:-

"(23A) "Laththa" means spurious liquor, which contains methanol or any other poisonous substances, which may cause harmful or injurious effects to the human body or death of a person;"

Section 3 - Amendment of section 65 of Bom. XXV of 1949

In the principal Act, in section 65, the proviso shall be deleted.

Section 4 - Insertion of new section 65A in Bom. XXV of 1949

In the principal Act, after section 65, the following section shall be inserted, namely:-

"65A. Punishment for laththa

(1)     Notwithstanding anything contained in this Act, whoever,-

(a)      manufactureslaththa,

(b)      constructs or works any distillery or brewery for it,

(c)      sells or buys laththa, or

(d)      uses, keeps, transports or has in his possession laththa, shall, on conviction, be punished with imprisonment for a term which may extend to ten years, but shall not be less than seven years and also with fine.

(2)     When there has been death of any person by the consumption of the said laththa mentioned in sub-section (1) above, the person who has manufactured, kept, sold or arranged to make it drink or distributed laththa shall, on conviction, be punished with death or imprisonment for life and shall also be liable to fine.

(3)     Whoever keeps, sells, buys or supplies any material for manufacture of the laththa and when there has been death of person by the consumption of the said laththa shall, on conviction, be punished for a term up to imprisonment for life and shall also with fine."

Section 5 - Insertion of new section 94A in Bom. XXV of 1949

In the principal Act, after section 94, the following section shall be inserted, namely:-

"94A. Punishment for failure in duty by Prohibition Officer or Police Officer.

Any Prohibition Officer or Police Officer duty bound under section 116C, fails to send the sample of liquor to Forensic Science Laboratory of the State for its detailed report shall, on conviction, be punished with imprisonment for a term which may extend to one year and with fine which may extend to three thousand rupees."

Section 6 - Amendment of section 98 of Bom. XXV of 1949

In the principal Act, in section 98, in sub-section (2), after the words "order of the Court", the words "but it shall not be released on bond or surety till the final judgement of the Court where the quantity of the seized liquor is exceeding the quantity as may be prescribed by the rules." shall be added at the end.

Section 7 - Amendment of section 115 of Bom. XXV of 1949

In the principal Act, in section 115,-

(1)     section 115 shall be renumbered as sub-section (1) of that section and in sub-section (1) as so renumbered, after the words "authorised by this Act", the words and figures "except any sentence under section 65A" shall be inserted;

(2)     after sub-section (1), the following sub-section shall be inserted, namely:-

"(2) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) shall apply for trials of the offences under section 65A."

Section 8 - Insertion of new section 116C in Bom. XXV of 1949

In the principal Act, after section 116B, the following section shall be inserted, namely:-

"116C. Duty to send sample to Laboratory.

It shall be the duty of the Prohibition Officer or the Police Officer who has seized any liquor to forward immediately without any loss of time the sample of the same to the Forensic Science Laboratory of the State for detailed analysis report."

Section 9 - Amendment of section 119 of Bom. XXV of 1949

In the principal Act, in section 119, for the words, figures and letter "sections 65, 67, 67-1A and 68", the words, figures and letter "sections 65, 65A, 67, 67-1A and 68" shall be substituted.