GUJARAT PROHIBITION (AMENDMENT) ACT, 2017 THE GUJARAT
PROHIBITION (AMENDMENT) ACT, 2017 [Act No. 09 of 2017] [16th March, 2017] An Act further to
amend the Gujarat Prohibition Act, 1949. It
is hereby enacted in the Sixty-eighth Year of the Republic of India as
follows:- (1) This Act may be called the Gujarat Prohibition
(Amendment) Act, 2017. (2) It shall be deemed to have come into force on the
19th December, 2016. In
the Gujarat Prohibition Act, 1949 (hereinafter referred to as "the
principal Act"), in section 2,- (i) in clause (23), for sub-clause (a), the following
sub-clause shall be substituted, namely:- "(a) ?Ganja,
that is, the flowering or fruiting tops of the cannabis plant (excluding the
seeds and leaves when not accompanied by the tops), by whatever name they may
be called;"; (ii) in clauses (29), (33) and (52), for the words and
figures "the Code of Criminal Procedure, 1898" (V of 1898), the words
and figures "the Code of Criminal Procedure, 1973" (2 of 1974) shall
be substituted. In
the principal Act, in section 65,- (i) in clause (e), for the words "sells or
buys", the words "possesses, transports, sells or buys" shall be
substituted; (ii) for the portion beginning with the words
"shall; on conviction" and ending with the words "also with
fine", the following portion and the proviso there under shall be
substituted, namely:- "shall,
on conviction, be punished for each such offence with imprisonment for a term
which may extend to ten years and with fine which may extend to five lakh
rupees: Provided
that, in absence of special and adequate reasons to the contrary to be
mentioned in the judgment of the court- (i) for a first offence, such imprisonment shall not be
less than two years and fine shall not be less than one lakh rupees; (ii) for a second offence, such imprisonment shall not
be less than three years and fine shall not be less than two lakh rupees; (iii) for a third or subsequent offences, such
imprisonment shall not be less than seven years and fine shall not be less than
five lakh rupees.". In
the principal Act, after section 65, the following new section shall be
inserted, namely: - "65AA.
Punishment for possession, etc., of lesser quantity of intoxicant Notwithstanding
anything contained in section 65, whoever sells, buys, possesses or transports
any intoxicant which is less than the quantity as specified by the State
Government by notification in the Official Gazette, shall, on conviction, be
punished, for each such offence with imprisonment for a term which may extend
to three years and also with fine.". In
the principal Act, in section 66, in sub-section (1),- (i) in clause (b), for the words "consumes, uses, possesses
or transports", the words "consumes or uses" shall be
substituted; (ii) for paras (ii) and (iii), the following para shall
be substituted, namely:- "(ii) ?for
a second or subsequent offences, with imprisonment for a term which may extend
to two years but which shall not be less than six months and with fine which
may extend to two thousand rupees.". In
the principal Act, in section 67,- (i) in sub-section (1), for the words " one
year" and "one thousand rupees", the words "three
years" and "one lakh rupees" shall be substituted, respectively; (ii) in the proviso to sub-section (1), for the words
"three months" and "five hundred rupees", the words
"one year" and "fifty thousand rupees" shall be
substituted, respectively. In
the principal Act, in section 67-1A,- (i) in sub-section (1), for the words "one
year" and "one thousand rupees", the words "three
years" and "one lakh rupees" shall be substituted, respectively- (ii) in the proviso to sub-section (1), for the words
"three months" and "five hundred rupees", the words "one
year" and "fifty thousand rupees" shall be substituted,
respectively. In
the principal Act, in section 68, for the portion beginning with the words
"shall, on conviction" and ending with the words "one thousand
rupees" as appearing in clause (iii), the following portion shall be
substituted, namely:- "shall,
on conviction, be punished for each such offence with imprisonment for a term
which may extend to ten years but which shall not be less than seven years and
with fine which may extend to rupees one lakh rupees.". In
the principal Act, in section 85, for sub-section (1), the following
sub-section shall be substituted, namely:- "(1) ?Whoever, in any street, thoroughfare, public
place, in any place to which the public have or are permitted to have access,
is drunk and creates nuisance, lakes up a quarrel with any person, uses foul or
abusive language, indulges in fight with others, misbehaves with any woman or
behaves obscenely, shall, on conviction, be punished with imprisonment for a
term which may extend to three years but which shall not be less than one year
and with Fine.". In
the principal Act, in section 91, in sub-section (2), for the words and figures
"the Code of Criminal Procedure, 1898" (V of 1898), the words and
figures "the Code of Criminal Procedure. 1973" (2 of 1974) shall be
substituted. In
the principal Act, section 92 shall be deleted. In
the principal Act, in section 93, in sub-section (2), for the words and figures
"the Code of Criminal Procedure, 1898" (V of 1898), the words and
figures "the Code of Criminal Procedure, 1973" (2 of 1974) shall be
substituted. In
the principal Act, in section 97,- (i) for the words "one year" and "one
thousand rupees", the words "three years" and "fifty
thousand rupees" shall be substituted, respectively; (ii) the following proviso shall be added, namely:- "Provided
that any officer who abets the offence punishable under section 65A shall, on
conviction, be punished with imprisonment which may extend to seven years and
with fine which may extend to one lakh rupees.". It
the principal Act, in section 102, in subsection (1), for the words and figures
"the Code of Criminal Procedure, 1898" (V of 1898), the words and
figures "the Code of Criminal Procedure, 1973" (3 of 1974) shall be
substituted. In
the principal Act, in section 104, in the first proviso to sub-section (1), for
the words "not exceed five hundred rupees", the words "be such
as the State Government may by notification in the Official Gazette specify
" shall be substituted. In
the principal Act, in section 104A, for the words and figures section 562 of
the Code of Criminal Procedure, 1898" (V of 1898), the words and figures
"section 360 of the Code of Criminal Procedure, 1973" (2 of 1974)
shall be substituted. In
the principal Act, section 115 shall be deleted. In
the principal Act, in section 115A, for the words and figures "the Code of
Criminal Procedure, 1898" (V of 1898), the words and figures "the
Code of Criminal Procedure, 1973" (2 of 1974) shall be substituted. In
the principal Act, sections 116 and 116A shall be deleted. In
the principal Act, in section 117, for the portion beginning with the words
"Save as otherwise" and ending with the words and figures "Code
of Criminal Procedure, 1898" (V of 1898), the following portion shall be
substituted, namely:- "All
investigations, arrests, detention in custody and searches shall be made in
accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of
1974).". In
the principal Act, section 118 shall be deleted. In
the principal Act, the existing section 120 shall be renumbered as sub-section
(1) of that section and after sub-section (1) as so renumbered, the following
sub-section shall be added, namely: - "(2) ?Whoever assaults or obstructs any officer or
person with a view to preventing him from discharging his duties or exercising
his powers under this Act, shall on conviction, be punished with imprisonment
which may extend to five years and with fine which shall not be less than five
lakh rupees". In
the principal Act, in section 128, in sub-section (2), for the words and
figures "the Code of Criminal Procedure, 1898" (V of 1898), the words
and figures "the Code of Criminal Procedure, 1973" (2 of 1974) shall
be substituted. In
the principal Act, in section 129, in sub-section (2), for the words and
figures "the Code of Criminal Procedure. 1898" (V of 1898), the words
and figures "the Code of Criminal Procedure, 1973" (2 of 1974) shall
be substituted. In
the principal Act, in section 131, for the words and figures "the Code of
Criminal Procedure, 1898" (V of 1898) occurring at two places, the words
and figures "the Code of Criminal Procedure, 1973" (2 of 1974) shall
be substituted. In
the principal Act, in section 141, in sub-section (1), for the words and
figures "under sections 65", the words, figures and letter
"under sections 65, 65A, 65AA, "shall be substituted. In
the principal Act, in section 146A, in sub-section (2), for the words and
figures "the Code of Criminal Procedure, 1898" (V of 1898), the words
and figures "the Code of Criminal Procedure, 1973" (2 of 1974) shall
be substituted. (1) The Gujarat Prohibition (Amendment) Ordinance, 2016
(Guj. Ord. 7 of 2016) is hereby repealed. (2) Notwithstanding such repeal, anything done or any
action taken under the principal Act as amended by the said Ordinance, shall be
deemed to have been done or taken under the principal Act as amended by this
Act.
Preamble - GUJARAT PROHIBITION
(AMENDMENT) ACT, 2017PREAMBLE