Tamil Nadu Prohibition Act Section 4 — Prohibition of the manufacture of, traffic in, and consumption of liquor and intoxicating drugs
Criminal
Summary
Sub-section (1) lists the acts that are prohibited and punishable. These include: (a) importing, exporting, transporting or possessing liquor or any intoxicating drug; (aa) importing, exporting, transporting or possessing liquor exceeding fifty litres but less than one hundred litres; (aaa) importing, exporting, transporting or possessing liquor of one hundred litres and above; (b) manufacturing liquor or any intoxicating drug; (c) cultivating the hemp plant, except in accordance with State Government rules, or collecting any part of such plant from which an intointoxicating drug can be made; (d) tapping any toddy-producing tree, or allowing or permitting such a tree belonging to or in the possession of the person to be tapped; (e) drawing toddy from any tree, or allowing or permitting toddy to be drawn from any tree belonging to or in the possession of the person; (f) constructing or working any distillery or brewery; (g) using, keeping or possessing any materials, still, utensil, implement or apparatus for tapping toddy or making liquor or any intoxicating drug, or keeping or possessing any materials that have undergone any process towards making liquor or an intoxicating drug, or from which any liquor or intoxicating drug has been made; (h) bottling any liquor for the purpose of sale; (i) selling liquor or any intoxicating drug; (j) consuming or buying any liquor other than what the State Government specifies by notification, or consuming or buying any intoxicating drug; (jj) knowingly spending or applying any money in direct furtherance or support of committing any of the acts specified in clauses (a) to (j); and (k) allowing any of the aforesaid acts to happen on premises in the person's immediate possession.
The punishment for these acts is set out in sub-section (1). For offences under clauses (aaa), (b), (f) and (h), the punishment is rigorous imprisonment for up to three years and a fine of up to ten thousand rupees. For offences under clause (aa), the punishment is imprisonment for up to six months and a fine of up to two thousand rupees. For offences under all other clauses, the punishment is imprisonment for up to three months or a fine of up to one thousand rupees.
The proviso to sub-section (1) states that nothing in this sub-section applies to: (i) any act done under and in accordance with the provisions of this Act or the terms of any rule, notification, order, licence or permit issued under it; (ii) the possession, sale, purchase, use or consumption of duty-paid medicinal or toilet preparations for their genuine medicinal or toilet purposes; or (iii) the transport or possession for personal consumption of the prescribed quantity of any liquor specified by the State Government under sub-clause (i) of clause (j).
Sub-section (1-A) deals with offences under clause (a), clause (aa), clause (aaa), clause (b), clause (h) or clause (i) of sub-section (1) where the liquor or intoxicating drug involved contains any ingredient likely to cause death or grievous hurt to the consumer. If death has resulted from its consumption, the offender on conviction is punished with rigorous imprisonment for life and a fine of not less than five thousand rupees. In any other case, the punishment is rigorous imprisonment for up to ten years and a fine of up to seven thousand rupees.
Sub-section (2) creates a presumption that applies unless the contrary is shown. Under clause (a), a person accused of any offence under clauses (a) to (jj) of sub-section (1) is presumed to have committed the offence in respect of any liquor or intoxicating drug, or any still, utensil, implement or apparatus for tapping toddy or making liquor or an intoxicating drug, or any materials ordinarily used in such tapping or making, or any materials that have undergone any process towards making liquor or an intoxicating drug, or from which any liquor or intoxicating drug has been made, for the possession of which the person is unable to account satisfactorily. Under clause (b), a person accused of an offence under clause (k) of sub-section (1) is presumed to have committed the offence if an offence is proved to have been committed in premises in the person's immediate possession, in respect of any liquor or intoxicating drug or any such still, utensil, implement, apparatus or materials as described in clause (a).
Official Text
(1) Whoever –
(a) Imports, exports, transports or possesses liquor or any intoxicating drug; or
(aa) imports, exports, transports or possesses liquor exceeding fifty litres but less than one hundred litres; or (aaa) imports, exports, transports or possesses liquor of one hundred litres and above: or
(b) manufactures liquor or any intoxicating drugs; or
(c) Except in accordance with the rules made by the State Government in that behalf cultivates the hemp plant (Cann abis sativa); or collects any portion of such plant from which an intoxicating drug can be manufactured;
(d) taps any toddy-producing tree or permits or suffers to be tapped any toddy-producing tree belonging to him or in his possession; or
(e) draws toddy from any tree or permits or suffers toddy to be drawn from any tree belonging to him or in his possession; or
(f) constructs or works any distillery or brewery ; or
(g) uses, keeps or has in his possession any materials, still, utensil, implement or apparatus whatsoever for the tapping of toddy or the manufacture of liquor or any intoxicating drug, or keeps or has in his possession any materials which have undergone any process towards the manufacture or liquor or any intoxicating drug or from which any liquor or intoxicating drug has been manufactured; or
(h) bottles any liquor for purposes of sale; or
(i) sells liquor or any intoxicating drug; or
(j) consumes or buys – i. any liquor other than such liquor as may be specified by the State Government, by notification, in their behalf; or ii. any intoxicating drug; or
(jj) knowingly expends or applies any money in direct furtherance or support of the commission of any of the acts specified in clauses
(a) to
(j)
(k) allows any of the acts aforesaid upon premises to his immediate possession, shall be punished.--
(a) in the case of offences falling under clauses (aaa), (b),
(f) and
(h) with rigorous imprisonment for a term which may extend to three years and with fine which may extend to ten thousand rupees;
(b) In the case of offence falling under clause (aa), with imprisonment for a term which may extend to six months in with fine which may extend to two thousand rupees; and
(c) In the case of offences falling under other clauses, with imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees.
Provided that nothing contained in this sub-section shall apply—
(i) to any act done under, and in accordance with the provisions of this Act or the terms of any rule, notification, order, licence or permit issued there under;
(ii) to the possession, sale, purchase, use or consumption of duty paid medicinal or toilet preparations for their bonafide medicinal or toilet purposes; or
(iii) to the transport or possession for personal consumption of the prescribed quantity of any liquor specified by the State Government under sub-clause (i) of clause (j) (1-A) Where in the case of an offence falling under clause (a) [clause (aa), clause (aaa)] clause (b), clause (h), or clause (i) of sub-section (1), the liquor or any intoxicating drug involved contains any ingredient which is likely to cause death or grievous hurt to the consumer, then the offender, on conviction, shall be punished.
(i) If death has ensued due to its consumption with rigorous imprisonment for life and with fine which shall not be less than five thousand rupees; and
(ii) In any other case, with rigorous imprisonment for a term which may extend to ten years and with fine which may extend to seven thousand rupees.
(2) It shall be presumed until the contrary is shown --
(a) that a person accused of any offence under clauses [
(a) to (jj)] of sub-section (1) has committed such offence in respect of any liquor or intoxicating drug or any still, utensil, implement or apparatus whatsoever for the tapping of toddy or the manufacture of liquor or any intoxicating drug or any such materials as are ordinarily used in the tapping of toddy or the manufacture of liquor or any intoxicating drug or any materials which have undergone any process towards the manufacture or liquor or any intoxicating drug or from which any liquor or intoxicating drug has been manufactured, for the possession of which he is unable to account satisfactorily, and
(b) that a person accused of any offence under clause (k) of sub-section (1) has committed such offence if an offence is proved to have been committed in premises in his immediate possession in respect of any liquor or intoxicating drug or any still, utensil, implement or apparatus whatsoever for the tapping of toddy or the manufacture of liquor or any intoxicating drug or any such materials as are ordinarily used in the tapping of toddy or the manufacture of liquor or any intoxicating drug or any materials which have undergone any process towards the manufacture of liquor or any intoxicating drug or from which may liquor or intoxicating drug has been manufactured. 4-A. Punishment for being found in a State of intoxication: Whoever is found in a state of intoxication in any public place and whoever, not having been permitted to consume any liquor or intoxicating drug in pursuance of this Act, is found in a state of intoxication in any private place, [shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees].