- Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made or of any licence, pass, permit or authorisation granted thereunder-
(a) imports or exports any intoxicant [(other than opium)] [These brackets and words were inserted, by Bombay 22 of 1960, Section 49(a).] or hemp,
(b) manufactures any intoxicant [(other than opium)] [These brackets and words were inserted, by Bombay 22 of 1960, Section 49(a).],
(c) constructs or works any distillery or brewery,
(d) bottles liquor,
(e) [possesses, transports, sells or buys] [Substituted 'sells or by' by Gujarat Act No. 9 of 2017, dated 16.3.2017.] any intoxicant [(other than opium)] [These brackets and words were inserted, by Bombay 22 of 1960, Section 49(a).] or hemp, or
(f) uses, keeps or has in his possession any materials, still, utensils, implements or apparatus for the purpose of manufacturing any intoxicant [(other than opium)] [These brackets and words were substituted for the brackets and words '(other than toddy)' by Bombay 22 of 1960, Section 49 (b).].
(g) [ cultivates or collects hemp.] [This clause was inserted by Bombay 22 of 1960, Section 49 (c).]
(i) for a first offence, such imprisonment shall not be less than two years and fine shall not be less than two 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 offence, such imprisonment shall not be less than seven years and fine shall not be less than five lakh rupees.] [This portion was substituted for the portion beginning with the words 'shall on conviction be punished' to the end of the section by Bombay 22 of 1960, Section 49(d).]
(i) for a first offence, such imprisonment shall not be less than six months, and fine shall not be less than five hundred rupees;
(ii) for a second offence such imprisonment shall not be less than nine months, and fine shall not be less than one thousand rupees;
(iii) for a third or subsequent offences, such imprisonment shall not be less than one year and fine shall not be less than one thousand rupees.]