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Provided that every licence, permit, pass or authorisation shall be granted only on the condition that the 3[person applying] undertakes, and in the opinion of the officer authorised to grant the licence, permit, pass or authorisation is likely to abide by all the conditions of the licence, permit, pass or authorisation and the provisions of this Act. When an offence under this Act has been committed and the offender is not known or cannot be found or when anything liable.
Provided that, in the absence of special and gujwrati reasons to the contrary to be mentioned in the judgment of the Court. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document.
Appeal against gujartai of an offence of consuming liquor–Merely because the High Court took the view that a further charge of “possession of liquor” should have gujarqti framed, setting aside of the acquittal without finding whether the order of acquittal was erroneous and ordering retrial gukarat bad–Bombay Prohibition Act, Bom.
The State preferred an appeal against the acquittal and manifestly, in this appeal, the acquittal could not be set aside unless the High Court, on a consideration of the evidence, came prohinition the conclusion that the acquittal was wrong. Insertion of new section C in Bom.
Amendment of section 65 of 3. One part set aside the order of acquittal and directed retrial of the appellant on the charge of consuming liquor while the other directed that prohjbition appellant and accused Nos. Amended by Bombay 22 of Here in the present case, the prosecution will have to establish at the trial by leading satisfactory evidence that the appellant and the other accused were wct possession of liquor as else the prosecution on the charge of possession of liquor will fail.
I of has been registered with Panthavada Police Station, District: In the instant case, the High Court did not even consider whether the acquittal of the appellant was correct or not and without finding that the acquittal was erroneous proceeded to set aside the. For removal of doubts it is hereby declared that nothing in this Act shall be deemed to apply to any intoxicant or other article in respect of its import or at across the customs frontiers.
XXV ft of Rahul Gandhi listed as ‘non-Hindu’. But from that it does not necessarily follow that the acquittal must be restored.
On the copy so preserved he shall state the purpose or ailment for which the intoxicating liquor is prescribed. An Act to amend and consolidate the law relating to the promotion and enforcement of and carrying into effect the policy of Prohibition and also the Abkari law in the 4[State] of Bombay.
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Amendment of section IU3 of Bom. On obtaining such advice, the State Government shall determine whether any such article is fit for use as intoxicating liquor, and upon determination of the State Government that it is so fit, such article shall, until the contrary is proved, be presumed to be fit for use as intoxicating liquor.
From To 3. Provided that, the State Government may exempt any class of persons or institutions from paying the whole or any part of the cost of such staff.
The State preferred two appeals against the order of acquittal passed by the learned Judicial Magistrate. Company Law Board 3.
Amendment of section of Bom. It is hereby enacted in the Fourteenth Year of the Republic of India as follows: No person, shall for the purpose of producing a state of intoxi- cation, consume any medicinal preparation containing alcohol in any quantity exceeding the normal dose.
Provided that if such person is not resident in 4[India] the bond shall gujaeat secured, by a surety or sureties residing in 5[India].
In dry Gujarat where the prohibition act was made more stringent last year, law enforcers have failed to secure justice for themselves after they could not prove their case against a bootlegger.
She also submitted that after the amendment in the Gujarat Notwithstanding, anything contained in section 32 of the Code of Criminal Procedure, 2 V prphibitionit shall be lawful for any Presidency Magistrate or any Magistrate of the First Class to pass any sentence authorised by this Act in excess of his powers under Section 32 of the said code’, provided that the fine shall not exceed gukarati thousand rupees.
Click to upgrade Your Package to have this feature. Provided that the person to whom a permit is granted under this section may ‘[subject to such conditions as may be prescribed] allow the use or consumption of liquor in respect of which the permit has been granted to any other person who requires the use thereof for medicinal purpose on emergent occasions:.
Provided that in the case of manufacture of any of the articles mentioned in section 24A in which the alcohol is generated by a process of fermentation the amount of such alcohol shall not exceed 12 per cent.
The Bombay Prohibition Act, – Wikipedia
Every person arrested and thing seized by a Prohibition Officer under this Act, shall be sent to the officer-in-charge of the nearest Police Station ‘[or to any other officer duly empowered under Section if the 2[Commissioner] in any particular case has directed such officer to conduct the investigation of the offence].
Amazon Prime Music Stream millions of songs, ad-free. The impugned Order made by the High Court consists of two parts. Control and regulation of transport, sale, etc. It is true that originally when the case was tried before the learned Judicial Magistrate, there was no charge against the appellant and accused Nos.
Central Electricity Regulatory Commission. National Company Law Appellate Tribunal 2.
Full text of “The Bombay Prohibition (Gujarat Amendment) Act, “
Intellectual Property Appellate Board. Write a product review. In all trials for offences under this Act, the Magistrate shall follow the procedure prescribed in the Code of Criminal Procedure, gukarat V offor the trial of summary cases in un an appeal lies. Every village officer or servant useful to Government, every officer of the State Government, and with the consent of the Central Ugjarat every officer of the Customs and Central Excise Departments.
Such persons may be given such designations as the 3[State] Government may deem fit. First published, after having received the assent gyjarati the Governor in the “Gujarat Government Gazette”, on the 2 nd December, That takes us to the second limb of the contention directed against the order of retrial on the further charge of possession of liquor.
If the thing in question is liable to speedy and natural decay, or if the 4 [Commissioner], Collector, 5[Court] or the officer authorised by the 6[State] Government in this behalf is of opinion that the sale would be for the, benefit of the owner. XIX ofor 6[in any law corresponding to that Act in force in any part of the State or in the Probation of Offenders Act,XX ofwhere that Act is brought into force in any part of the State or in] Section prohjbition, the Code of Criminal Procedure, V ofshall apply to any person convicted of any offence under this Act].
Whether an accused is in possession of liquor or not must depend on the facts and circumstances of each case.
Whoever is guilty of any wilful act or intentional omission in contravention of the provisions of this Act, or any rule, regulation, or order thereunder or of any licence, permit, pass or authorisation granted, under this Act, and if such act or omission is not otherwise made an offence under this Act shall, on conviction, be punished with the imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both.
On the commencement of this Act in the gujart provided in sub-section 3 in any area cat which this Act is extended by the Bombay Prohibition Extension and Amendment Act, Bom XII of all rules, regulations orders and notifications made or issued or deemed to be made or issued under this Act and in force in the pre -reorganisation State of Bombay excluding the transferred territories immediately before such commencement, shall also extend to, and be in force in that area.