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CHAPTER-VI OFFENCES AND PENALTIES

Section 41: Penalty for mixing noxious substance with liquor

The Himachal Pradesh Excise Act, 2011

How current this text is

Authoritative English text as published by India Code for the Government of Himachal Pradesh, with amendments up to H.P. Act No. 10 of 2024, in force from 1 April 2025.

Whoever mixes or permits to be mixed with any liquor sold or manufactured or possessed by him any noxious drugs or any foreign ingredient 1[or spurious liquor] likely to cause disability or grievous hurt or death to human beings, shall on conviction be punishable,-

(a) if as a result of such an act, death is caused to any person, with punishment which may extend to death and with fine which may extend to ten lakh rupees;

(b) if as a result of such an act, grievous hurt is caused to any person, with imprisonment which shall not be less than six years but which may extend to life term and with fine which may extend to five lakh rupees;

(c) if as a result of such an act, any other consequential injury is caused to any person, with imprisonment for a term 2[of one year and with fine of two lakh fifty thousand rupees] and

(d) if as a result of such an act, no injury is caused to any person, with imprisonment 3[for a term of six months and with fine of one lakh rupees.]

4[(e) It shall not be lawful for any person to whom this section applies to hold any illegally acquired property either by himself or through any other person on his behalf or related to or associated with him. If the District Magistrate or the Collector finds that any property has been illegally acquired, such property shall vest in the State Government free from all encumbrances.]

Explanation.- For the purpose of this section the expression “grievous hurt” shall have the same meaning as defined in section 320 of the Indian Penal Code, 1860.

Footnotes in the official text

  1. 1.The words inserted vide H.P. Act No. 10 of 2024.
  2. 2.Substituted vide H.P. Act No. 10 of 2024.
  3. 3.The words “which may extend to six months and with fine which may extend to one lakh rupees” substituted vide H.P. Act No. 10 of 2024.
  4. 4.Clause “(d)” inserted vide H.P. Act No. 10 of 2024.