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CHAPTER-III PROHIBITION AND PENALTIES

Section 8: Punishment for buying, selling, consumption of liquors

The Telangana Prohibition Act, 1995

How current this text is

Text as published by India Code for the Government of Telangana (Revenue Department): the Andhra Pradesh Prohibition Act, 1995 as in force in the combined State on 2 June 2014, adapted to Telangana under section 101 of the Andhra Pradesh Reorganisation Act, 2014 by the notification issued in G.O.Ms.No.6, Revenue (Excise-II) Department, dated 06.01.2016, with amendments up to Act No.17 of 2006.

The heading of Chapter IV carries a footnote that cannot be shown with the heading: "Chapter IV consisting of sections 15 and 16 substituted by Act No. 5 of 1997, consisting of section 15."

Whoever,-

(a) 1[xxx] consumes any liquor except 2[in accordance with the provisions of this Act or the 3Telangana Excise Act, 1968] or the terms of any rule, notification, order, licence or permit issued thereunder shall be punished with imprisonment for a term which may extend upto six months or with fine which may extend upto one thousand rupees or with both;

(b) 4[possesses, collects, buys,] 2[sells, transports, produces or manufactures any liquor other than arrack except in accordance with the provisions of the 3Telangana Excise Act, 1968 or the terms of any rule, notification, order, licence or permit issued thereunder] shall be punished,-

(i) where the liquor involved in the offence is less than such quantity as may be notified in this behalf with imprisonment for a term which shall not be less than six months but which may extend upto 5[three years or] 6[with fine which shall not be less than rupees ten thousand or shall not be less than thrice the value of the liquor involved in the offence whichever is higher but which may extend upto six times the value of such liquor, such value being arrived at in the manner prescribed], 7[or with both;]

(ii) where the liquor involved in the offence is not less than the quantity notified as aforesaid with imprisonment for a term which shall not be less than one year but which may extend upto five years and 6[with fine which shall not be less than rupees twenty thousand or shall not be less than thrice the value of the liquor involved in the offence whichever is higher but which may extend upto six times the value of such liquor, such value being arrived at in the manner prescribed;]

8[XXX]

9[(iii) where the commission of any offence either under sub-clause (i) or sub-clause (ii) is abetted, the abettor shall be liable for punishment 6[with imprisonment of either description and with fine as provided therein.]]

(c) having obtained a licence or permit granted under the 10Telangana Excise Act, 1968, 11[sells any liquor other than arrack] otherwise than in accordance with the provisions of this Act or terms or any rule, notification, order, licence or permit issued thereunder shall be punished with imprisonment for a term which may extend upto six months or with fine which may extend upto rupees one thousand or with both;

(d) allows consumption of 12[arrack] upon premises in his immediate possession shall be punished with imprisonment for a term which may extend upto 13[three years or with fine which may extend upto ten thousand rupees] or with both.

14[(e) contravenes the provisions of section 7A shall on conviction be punished with imprisonment for a term which shall not be less than one year but which may extend upto five years and with fine which shall not be less than rupees ten thousand but which may extend upto rupees one lakh.]

Footnotes in the official text

  1. 1.Omitted (buys) by Act No.35 of 1995.
  2. 2.Substituted by Act No.5 of 1997.
  3. 3.Adapted in G.O.Ms.No.162, Revenue (Excise-II) Department, dated 10.09.2015.
  4. 4.Substituted by Act No.35 of 1995.
  5. 5.For “three years and with fine” substituted “three years or with fine” by Act No.17 of 2000.
  6. 6.Substituted by Act No.10 of 1996.
  7. 7.Substituted by Act No.17 of 2000.
  8. 8.Proviso added by Act No.10 of 1996 is omitted by Act No.17 of 2000.
  9. 9.Sub-clause (iii) inserted by Act No.35 of 1995.
  10. 10.Adapted in G.O.Ms.No.162, Revenue (Excise-II) Department, dated 10.09.2015.
  11. 11.Substituted by Act No.5 of 1997.
  12. 12.Substituted by Act No.5 of 1997.
  13. 13.Substituted by Act No.35 of 1995.
  14. 14.Clause (e) added by Act No.35 of 1995.