Académique Documents
Professionnel Documents
Culture Documents
dated the
(Pi~bliskeri
in rlre Nagaland Gazette-Extraordinary,
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15th Seprcmber, 1967.)
An
intoxicating drugs.
CHAPTER 1
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'To bottlep-(2) 'To bottle'.means to transfer liquor from a cask of
othcr vessel to a bottle or other receptacle, whether any process of
rectification be employed or not, and.includes re-bottling ;
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Club.-(3)
' Club ' means a society of persons asstlciatcd
together for social intercourse, for the promotion of politics, sports, art,
science, literarure, or for a n y purpose except. the acquisition of p i n , and
whcthcr the same bc registcrcd under the Indian Companies Act. 1956, ( 1
of t956) the Co-operatiye Societies Act, 1912, (11 af 1912) the Societies
Registration Act, 1860, (XXI of 1860) or otherwise incorporated, or not ;
'Collector' inqludcs a Deputy Cornflissioner and
'Collecter'-(4)
in
any provision of this Act inciud- also any o&er whom the State Government may by notification, declare or appoint to be a Collcctor for the
purposes of that provision ;
Excisable Articles.-(8)
'Excisable article' means iliqbor For human consumption; not bding a medical prepara(a)
tion ;or
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'Excise duq'.-(9)
'Excise duty' and Countervailiag dutyv'mean shy
such excise duty or countervailing duty, as the case may be, as is mentioned
in entry 51 of List II in the Seventh Schedllte to the ~onstitution;
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'Excise Commissioner'--(ID)
NAGALAND
CODE
NAGALAND
ACF 6 OF 1967
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*Excise Oficer'.-(11)
'Excise Otficer' ' means a collector or any
. . . .IJiiiier or orhcr pirson dppoiii~idor invested kith p*wers under section 7 ;
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this Act applies, otherwise than across a customs frontier as defined by the
Central Government;
'I mp,ort9.-414) .Import' (except in the phrase .'import-intoIndia')
means to bring ,into ih4 territories to -whichthis Act applies. otherwise than
across a custdms fioiti& as' defined
, ,by the 'central Government ;
.Intoxicant'.-(15)
(i)
{ii)
Zu
charas, that is, rbe resin obtained from the Indian hemp plant,
which hai. :iot
. - - been I subrnittcd to any, n&ipulations 0 t h ~than
thdse-necessaryrdr pi='kinga i d transport;
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(iv)
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Zu
substances, wheather mixed with any liquid or not and any liquid obtained
therefrom, wheather diluted, or undiluted, but does not include beer.
'Place'.-(20)
'Sale'.-(21)
'PIace' Expressions rererring to 'Sale' include any
transfer otherwise than by way of gift.
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'Spiritq.-(22)
'Siprit means any liquor cbntaining alcohol, obtained
by distillation, whether it is denatured or not.
'Transport' 4 2 3 ) 'Transport' means to move from.:oae place to
another within the territories to which this Act applies. 1. .:;. ' 1
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Power to
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Provided that, where the interests of any other State may be dected,
no such declaration sball be made without the previous sanction of the
Central Government.
Wholesale and raaail sale.-5.
The State Government may, by
notilkation, declare, with respect' either to the whole ofthe ter'ritories.to
which this Act applies or to any local'area comprised theirin, and as rdgards
'purchasers generally OF any specified class of purchaseis,' and generally
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by wholesale, respectvely.
Saving of certain enactrments.--6.
shall affect the provisions of the Cantonment Act,. 1924 (11 of 1924),
Customs Act, 1962 (52 of 1962) or Indian Tariff Act, 1934 (XXXII of 1934)
nr any rvie or order made under the said Act.
~~~ointrne
ofn tolWcers, and the conferment, withdrawal and
ds!ega$ion of powers.--7.
( I ) Within a district the administration of
the Excise Department and the collection of Excise revenue shall' be under
thc charge of the Deputy &mmissioner.
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(0)
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person ;
(e)
(a) to
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(b)"k
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CHAPTER 111
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unless :-
on import-9.
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(a) the duty (if any) payable under Chapter V has been paid or a
bond has been executed Tor thc payment thereof ; and
of 1962).
(3) Clause (bl of sub-section ( I ) shall no1 apply to liquor manuFdctured
in India and declared under section 4 to be foreign liquor.
~estrictionson export- and transport..
10. No intoxicant shall
be exported or transported unless :.
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The duty (if any) payable under Chaptcr V. has been paid ;
Provided that the State Government may, subject to such conditions
(ifany) as it thinks fit to impose, exempt any intoxicant from the provisions
of this section.
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(a)
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of any intoxicant.
export or transport.-12.
No intoxicant
exceeding such quantity as the State Government may prescribe by
either generally for the whole OF the territories to which this Act
applies or for any local area comprised therein, shall be imported, exported or
transported, except under a pass issued under the provisions of the next
following section.
Passes for
import,
Such passes may be either general for definite periods and specificd
kinds of intoxicants or special for specified occasions and particular
consignments only. Passes under this section or under section 12 may be
issued only for the purposes of imposing and collecling excise duty or
ensuring conformity with license requirements and any other requirements
under this Act.
CHAPTER 1V
licensing
Government may-
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inthecaseofinto~icatingd'ugs>a licence f o r ~ h e c ~ I t i ~ t i o! ~ ~ ~
calleciioo the plants from which such drugs vcre produced; or
. (b) any foieiga liquor lawfully procured by, and in the possession OF,
:
any person for his own bona fide private ~oisumption and not for
sale:
(9~otwithstaadinganything contained in
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+,&ibit;on.-l?.
(1)
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and in accordance with the terms and conditions of a license granted by the
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Exclusive privilege of manufacture and supply.--18.
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Thc State .
Gov.eariientmay-grant to any person on such conditions and for such period
&-itmay -think,fit, the-e~clusiv~.privilege
pf manufacturiog ,orof ,su@plyingto
licensed veptforg oi .of manufacturing . and supplying.to the licensed vendors
any country liquor or intoxicating drug within any specified local arcas.
Qficer.
CHAPTER V
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(a) imported; or
(b) cxportcd ; or
(e)
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Provided as follows :-
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NAGALAND
Acr 7 OF 1967
NAGAI.AND
-CODE
in the case of excisable articles tranportcd{ i ) in the district from which the excisable article is tra,nsported ;
(d) in the case of intoxicating durgsa rate assessed on the area 'covered by
a liccnse
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granted under the provisions of scction 14, clause (h), or on
the quantity or outturn of the crop cultivated or collected
undersuch license ; or
( i ) as
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~ v e rij'cense,
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permit or pass gmnted
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under any section of the Eastern Bengal and' Assarn Act of I910 (1 of 19 10)
and inforce at the cornmenccment.of this Act, shall be decrned to have beeu
granted under the corresponding scct b n of this Act, and shall (unless previously cancelled, suspended or surrendered under this Chapter) remain in foico
,.for the period for which it was granted.
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(b) shall be in such form and contain such particulars, as the Excise
Commissioner
.. subject to any rules made under section 36, s ~ b section (2) clause IS), ma$ direct either generally or in any
particular instance in this behalf ;
Provided that no fce shall be charged fo; any permit granted undcr
sectioti 16 for the possession of an intoxicant For bonafide private
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consumptioqor use.
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Counterpart agreement and security.-26. Every person taking out
a licence under t h i s Act may be required to exccute a counterpart Agreement
in conformity with the tenor of his licknse, and ,to give such sccurit~, by way
of deposit or otherwise, for the performance .ofhis agreement r)s the,authority
gra&ng @s licensk'mayrequire.
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d e f k , irregularki&s and om'iosions.-27.
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( I ) No license
granted. , und& this ~ c rball
t
be decrncd to be invalid by reason mcrcly of
pny, tech-1
defect,
. . iyrcg"larity or omission in t h ~license,,:0r - dny
taken ,prior to the h n t thereof. . .
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(2) ~ k *hecisiop
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-of 'the EX&
Comrnissiooer what is a t ~ h n i d
defect, itregularity or omission shall be final.
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Ascertainment af l o c a l opinion.-28.
Before licenses are granted
in any year of the retail sale of any intoxicant ihe Collector shall take such
measures, in accordance with rules to be made by rhe State Government in
this behalf, as may best enable him to ascertain local public opinion in
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regard to the licensing and location 06 shops.
Cancellation. suspens+ion
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of licenser, etc. in certain eases.-29.
(I)
If any duty o r fee payable by the holder thercof be not duly paid ;
or
(6) in the event of any breach by the bolder thereof or by his servants,
or by any one acting on his behalf, with his express or implied
permission, of any of the terms or conditions of such license,
permit or pass ; or
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(e)
at
NAGALAND
Acr 7 OF 1967
NAQALAND
CoDr
in respect thereof ;
(4) Any person affected by any order under this section shall have
right of appeal to the State Government or any officerprescribed in this
behalf by rule made under this Act.
a
( I ) Whenever thc
in writing
bf
intention
(3). When a license is cancelled under this section, any fee paid
advance or deposit made by the licensee in respect thdrcof shall bd refunded to
him, less the amount, if any, due tot Government.
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lhcreof the sum so p ~ y a h l con surrender and a n y Tec paid in advunce or any
portion of such sum or fee ;
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Provided also that ndthing i n this section sbaIl apply in the case of
a license held by the grantee of an excluiive privilege under section 18.
Explanation :-
of a liccnse" inc tude a pcrson whose bid, tender, or application for ' a license
has becn accepted by the Excisc Officer empowered to grnnt such license,
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although such person may not in ract bave rcceived the license,
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dcterrninafion tbereof,
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CHAPTER V ~ I
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GgNERAL PROVISIONS
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and instruments.-33:
Every person who
mapfactures or sclls any intoxicant under .a.licensegranted under, this 'ActMeasures, weights
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any . pt;rson to
whom an exclusive privilege has been granted under section 18, o r ahy
hbl&r.of:a. license granted under this. Act -makesdeCault.in payment of any
sum
in respA ofsuch privilege or license or ,in'complyingwith. any
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revenue.
(2) In particular . and without prejudice to the generality of the
foregoing provisions, the State Government may make rules-
0)) Regulating appeals and revisions and in particular(i) declaring the cases in which appeals
Sub-section (3)of section 8 ;
shall -lie
under
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(ii) prescribing the time and manner for presenting appeals, and
the
for drhling with'ap&alr under sib-section (2)
and under sub-section (3) of k c t i o n 8 ;and
(iii) declaring, in case not provided for by the Act, the Excise
bfficers or classes of officers who shall for the purposes of
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or fee ;
providing for,
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( v i i i ) the fixing of the days and hours during which such premises
the returns to be
by which spirit
manufactured
in Zndia
shall be denatured ;
(ii) for causing such spirit 10 be denatured ihroagh the agency
or under the supervision of its own officers ;
(31 Every rules made under this scction shall be laid, as soun as
may be after it is made, before the Nagaland Legislative Assembly while it
is insession for a total period of seven days, which may be comprised in
one session or in two successive sessions, and if, befdre the expiry o f the
sessions in which it is so laid or the sessions immediately fullowing, the
Nagaland Legislative Assembly agree in making any modification in the
rule or thc Nagaland Legis~ative Assembly agree that the rule shoutd not be
made, the rules shalt thereafter have cFTect only in such modified form or
be of no effect as tbc case may be, so however, that any such modification or
annulment shall be without prejudice to the validity or anything previously
done under that rule.
CHAPTER VIIl
PREVE~TION,DETECTION AN D INVESTIGATION
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OF OFFENCES
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and inspect at any time by day or by night any place in which any licensed
rnanllfacturtr carfies on the aanufacture of or stores any intoxicant and
any place'in which any intoxicant is kept ibr sale by any licensed person
and may exanline uccouats and registers, and examine, test, me&ure ur
weigh any meubures, weights, resting innt-urnents, marerials, stills, utencils,
implements, appararus or iiaoxicant found in such place.
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Subject to such
restriaions as the Slate Government may prcscnbe, any of the fokwiog
Arresr, seizure and search without warrant.-38,
wnrranL
(b) seize, detain and cany away any excisable or other article
which he has reason to believe to be liable to confiscation under
this Act, or any other law for the time being in force relating
to the excise revenue, and any document or other article which
he has reason to believe m y furnish evidence of the commission
of an offcnee punishable under this Act or under the Indianopium Act, 1878,(I of 1878) or under the Dangerous Drugs Act,
1930, (11 of 1930), and
(c)
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detain and search any person up011 whom and any vessel, raft,
vehicle, -animal, package; receptacle, or covering in or upon
which he may have reasonable cause to suspect any such article
to be.
(a)
(b) issue his warrant for th: arrzjt or any person whom he has
reason to believe to have been or to be likely to be engaged in
She commissioo of any such offence.
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(3.,!A..~ollector
or
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search, seizure
arrest following upon entry without warrant,
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emlrgenr ta3rr.-iL.
~ n y ' ~ x c i or
s ePolice-officer, n& below
rank
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such
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seize and carry away any thing Found therein which he bas reason
to belleve to be liable to confiscgion under this .Act and any
document or other article which he had reason to believc may
furnish :evidtnce of the commission ' o r act "offence :punishable
inder this -Act OF undcr tht lhdiin Opium Act, d878 '(1 af 1878)
or u n d h the Dangerous ~ h g Act,
s
1930 (I1 'of, 1930j'; and
(c)
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Power to investigate.-42.
(I) A Collector may, without the order
of Magistiate, in&'s,tj&k ah;' offence pukishabie urider this Act which a
~ o u hiving
h
jurisdibtildn bver the local area within the limits o f , such Collectoi's jurisdiction would have power to inquiie into or try under the ,provisions
of C h a F t c r ' ~of~ the Code of Criminal Procedure; 1898 (V of l898)+relating
to the place of inquiry or trial.
-(2) Any other Excise officer when specially enipowe?ed in this behalf
by the state Governinent in &speck of'a11dr any specified class- of offences
punishable under this 'Act, may, without the order of a Magistrate; invest&
gate any such offence which a Court having jurisdiction over the local arei
to which such oEcer is appointed would have power to inquire into or try
under the aforesaid provisions.
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(i)
(2)
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Subject
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tb,,:such.'iestrictio&
as', !he
r,:+r4t;lj!>j<
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s&te Government
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(:r.mq.
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pki&b< a ~ollector'dr,'wii&
the'previoui periiissibn of the CoIIectbi but
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AS soon as an investigation under sectiqn 42 has been icompleted,
if it ap$iibthai there is sufficienf
,,..-,, ,. -evidence
. - td justify thk f&&ding of
nceur&'td a &lajislrate, the' ~nvestigiting officer, when he do& n6t- p&&cd
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(4)
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under sub-section (2) or under section 70, shall submit a report,, which for
the purposes of Section 1'90 of thc Code of Crimina! Procedure, 1898, (V of
1898, shall be deemed to be a pol~cercport, in such- form as the State
Government may prescribe to a Magistrate having jurisdiction to inquire into
or try the case and empowered t o take cognizance of offences on poi~ce
report.
Production of persons arrested o r articlas seized.--&.
( I ) Articles
seized and, unless security for their appearance before the Collector be
taken, persons arrested under the warrant of a Collector shall be produced
to
affix his seal ta such articles and to take samplef of and from them.
(2) All samples so taken shaIl also bc sealed ,with the seal of the
officer-in-charges of the police statioc.
makes or receives information of any arrcst, seizure or search under this Act,
he shall, within twenty four hours thereaficr, make a fuU repo~tof all the
pajqiculars nf the arrests, seizure or scorch or of the infurmation received to
the Collector, and to the other officer, if any, empowered under sektion 42,
sub-section (I), within the local limits of whose jurisdiction the arrest, seizur~
or search was made.
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officers.
Maximunl period -of detention.-48.
No pcrson a r m t d under
the provisions of this Act shall be detained in custody for a longer period
than under all the circumstances of the case is reasonable, and such pwiod
shall not exceed twentyfour hours, arclusivc of the times necessary for the
journey from the place of arrest to the place where a ColIeitor or other
officer empowered under section 42 to investigate the case may be, and
(3) All Excise officers, not below such rank as the State Government
may prescribe, shaU be empowered to accept bail.
(5) Bonds taken under this section from persons airested otherwise
than under warrant shall bind such persons to appear before a- Collector or
other ofbcer empowered under section 42 to investigate the case.
(Q The prDvisions of sections 498 to 502, 513, 514 and 515 of the
Code ,of Criminal Procedure, 1898 (V of 1898), shall apply, so far as may be,
i n every case in which bail is accepted or a bond taken under this section.
'InFormotion .and aid to Excise offlcarr.-50.
.
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Subject to such
conditions (if any) as the State G-overnment may, by notification, prescribe,
every officer employed in the P a l i ~Salt, and Curtarns Departments, and
every Gaonburah and within such areas as the ,State Government may, by,
notification, direct spch,oflicers as may be specified in such notzcation, shall
be bound,-
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knowledge, and
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aid any Excise officer reasonably demanding his aid in lhc due
carrying O U ~of any of the provisions of this Act.
(b) to
The closing of retail sh0p.s for preservation of the public peace 52. (1) Thc Deputy Commissioner or a Magistrate may, by norice i n writing
t o the Licensee, require that any shop in which any inroxcicant is sold by
retail shall be closed at such tirncs or Tor such periods as thc Deputy
Commissioner or Magistrate may deem necessary for the pr:servaiioi~
of the public peace.
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Provided that ito shop. shall be kept closed under this sub-section for
a bnger period than 48 hours wi~houtthe order of a Magistrate.
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( 3 ) . When any Magistrate or Public officer makes a requisition or
direction uqder sub-section (lj or sub~stctiun(2j, he shall forthkith repofi
the fact to the ~ollectorhaving jurisdiction is tl~c local arids in 'which the
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shop is situated.
(4) Thc Excise Commissioner may gram to the licensee of a shop
kept closed under sub-section ( I ) or (2) such compensation as he may tbink
lit.
CHAPTER 1X
PENALTlES ABD PROCEDURE
(b) cultivate:, collects, or 3clin the hem; plant (Cdnnsbis raliva) ;or
{ c ) constructs
(cl)
uses, kecps
implement or apparatus
manufacturing any intoxicant ;or
to
any other
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55. Lf any person alters or attempts to alter any denatured spirit, whether
manufactured in India or not, with thc intention that such spirit may be used
for human consumption whethcr as a beverage, or, internally, as a medicine
or in any other way whatsoever, by any method whatsoever, or has in his
possession any spirit in respcct of which he knows or has reason to believe
that any such alteration OF attempt has been made, he shall be liable to
imprisonment for a term which may extcnd to one thousand rupees, or with
both.
~dulteration,etc.-56.
Whoever, being the holder of license, permit
or p s s 'granted under this Act, or being in the employ of such holder, wilfully
contravcncs any rule made under seciion 36 (2) (I), (i), (ii), and pii) shall be
punished 'with imprisonm:nt which n l l y extend to two yedrs, or with h e ,
or with both : and, where a fine is imposed, the convicting Magisuare
direct the offend&' to' be imprisoned in default of payment of fine
for a term which may extend to one year, and such imprisonment shall
be in addition to any other imprisonment to which he may have been
sentenced.
(h) parks or otherwise deals with any bottle, case, package or other
receptacle containing country liquor, or marks the cord of any
such bottle, with the intention of causing i! to be believed that such
bottles, case, packagc or other receptacle contains foreign liquor
shall be punished with imprisonment for a term which may
extend to three months, or with fine which may mtend to five
hundred rupecs, or with both.
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Provjded that no pcrson other than the actual offender shall be gunished
with imprisonmeat except in default of payment of fine.
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bccn imported, exportcd, transported, manufactured or sold or
possessed
by any pcrson, on account ofany other person, and such
other
pcrson
knows
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or 'has r c a r o i r r o , ,: ibar
. set! import, a p o r t. , traniport,
_ , .,. .rnanufa&uw or
sale was, or that such +sscssion is, on his accounr, the article shall for the
purposes of lhis Act, be deemed to have, bcen imported,
, . . . . . exported, transported
rnanu'hctured or sold by,'br &'be in rhe possession of, such other ~erson.
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suh-se~tion( I )
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or cowardice
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Attempts-65.
Whowcr attcnlpts iu commit any offence punishable
under this Act shall be Ihblc to the puni~hmcntprovided for such offence.
Abetments.-66.
Whocver abets an offence punishable under
this Chapter shall, wherhcr such offence be or be not committed in
con!equence of such abetment, and notwithstanding anything contained in
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so executed s~aH,becomevoid.
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Initiation of prosecution.--69.
cognizance of an offence punishable;
( 1 ) .No Magistrate
shall
take
(6) under sections 56, 57, 58 or 64, cxcept on the complaint or report
of a Collector or other officer cmpowcred under 3cction 42,
sub-section (2) to investigate the case ; or
under clauses ( d ) and (e) of section 62 cxcept with tlrc sanctioa
of the Deputy Commissioner.
(c)
Presumption.-7I
( I ) Whcn in any prosecutions urider this Act
er in any proceedings taken under scction 75 ~ub.scction( j , the question
arises whether an offence punishable under this Act has been comrnittcd in
respect of1
(c)
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public roo& df his busincss premises, and it is proved that any person was
NAGA'LAND
Cane
NAGALAND
ACT 7 OF 1967
confiscation, namely-
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( c ) the receptacle, packages, and
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claim ;
Provided further, that if the thing in qucstion is liable to speedy and
natural decay, or if the Collector is of opinion that itssale would be for
the benefit of the' ownir, t& ~o.ilcctormay at ady time direct it to be sold ;
and the provisions of this sub-seztjon and of subsection (2) shall as neaii) as
may be p~acticjble, upply to thc net procccds of such sale.
POP
having committed an offence under this Act other than ad offencc under
section 62, the Excise Commissioner or a Callector, instead of enforcing such
cancellation or suspension or instituting a prosecution in respcct of such
offence, may accept from the holder of such license, permit or pass or from
such person a sum of money not exceeding five hundred rupees, and thereupon such holder or person, if in custody, shall be discharged, and no further
proceedings in r ~ p c c or
t such liability or offence shall be taken against him :
And if in any such case any property has been seized as liable to
coafiscation under this Act, the Excise Commissioner or the ColIector may
release the same on receiving payment of the value thereof as estimatid by
him, or of such sum smaller as he may think fit.
day of
19
(Signature)
Act
in the manner hereinafter appearing :It is hereby enacted in the thirtieth year of Republic of India as
follows :1. Short title and commencement.
(c)