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GOVERNMENT OF KERALA

Law (Legislation-A) Department
Notification
No.8644/Leg.84/Law             Dated, Trivandrum,3rd December,1984.
                                                                                  12th Agrahayna, 1906.
The Mowing Act of the Kerala State Legislature is hereby published for general information. The Bill as passed by the Legislative Assembly received the assent of the President on the 1st day of December, 1984.
By order of the Governor,
P. P.Mathai, Special Secretary (Law).
PRINTEDAND PUBLISHED BY TEH S.G.P. AT THE GOVERNMENT PRESS,
TRIVANDRUM, 1984

33/4915/MC.

Act 21 OF 1984
THE ABKARI (AMENDMENT)  ACT, 1984
An Act further to amend  the  Abkari  Act, 1 of 1077.
Preamble.—Whereas it is expedient further to amend the Abkari Act, 1 of 1077, for the purposes hereinafter appearing;
Be it enacted in the Thirty-fifth Year of the Republic of India as follows;—


    1.   Short  title  and  commencement.--(1) This Act   may  be   called   the Abkari (Amendment)  Act, 1984.
(2)   It shall be deemed to have come into force on the 3rd day of November,   1983.

  2..   Amendment of section 57.—In section 57 of the Abkari Act, 1 of 1077 (hereinafter referred to as the principal Act), in clause (a),—
                (i) for the words "any noxious drug", the words "any drug, other than a noxious drug," shall be substituted;
          (ii) after the words "any article prohibited" the brackets and words "(other than an article which the Government shall deem to be noxious)" shall be Inserted.

           3. Insertion of new sections 57 A and  57 B-—After section 57 of theprincipal Act, the following sections shall be inserted, namely:--"57 A. For adulteration of liquor or intoxicating drug with noxious substances  etc.—(1) Whoever mixes or permits  to  be  mixed  any  noxious  substance or any substance which is   likely to endanger human life or to cause grievous hurt to human beings, with any liquor or intoxicating  drug shall, on conviction, be punishable,—

      (i) if, as a result of such act, grievous hurt is caused to any person, with imprisonment for a term which shall not be less than two years but which may extend to imprisonment for life, and with fine which may extend to fifty thousandrupees;       

    (ii) if, as a result of such act, death is caused to any person, with death or imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life, and with fine which may extend to fifty thousand rupees;
              (iii) in any other case, with imprisonment for a term which shall kept be less than oneyear, but which may extend to ten years, and with fine which may extend to twenty-five thousand rupees.

              

    Explanation.—For the purposes of this section and section 57B, the expression "grievous hurt" shall have the same meaning as in section 320 of the Indian Penal Code, 1860 (Central Act 45 of 1860)

      (2)    Whoever   omits to take   reasonable precautions to prevent the mixing of any noxious substance or any substance  which is likely to endanger human life or to cause grievous hurt to human beings, with any liquor  or intoxicating drug shall, on conviction, be punishable

          
      (i) if as a result of such omission, grievous hurt is caused to any person, with imprisonment for a term which shall not be less than two years but which may extend to imprisonment for life, and with fine which may extend to fifty thousand rupees;
        (ii) if as a result of such omission, death is caused to any person, with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life, and with fine which may extend to fifty thousand rupees;
        (iii) in any other case, with imprisonment for a term which shall not be less than one year but which may extend to ten years, and with fine which may extend to twenty-five thousand rupees.
        (3) Whoever possesses any liquor or intoxicating drug in which any substance referred to in sub-section (1) is mixed, knowing that such substance is mixed with such liquor or intoxicating drug shall, on conviction, be punish­able with imprisonment for a term which shall not be less than one year but which may extend to ten years, and with fine which may extend to twenty-five thousand rupees.
        (4) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), no person accused or convicted of an offence under sub-section (1) or sub-section (2) or sub-section (3) shall, if in custody, be released on bail or on his own bond, unless—
        (a) the prosecution has been given an opportunity to oppose the application for such release, and
        (b) where the prosecution opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence.
           
         (3)   Notwithstanding anything contained in the  Indian Evidence Act, 1  of 1872),— 

            
          

    

    1.where a person is prosecuted for an offence under sub-section(1) or sub-section (2), the burden of proving that he has not mixedor permitted to be mixed or, as the case may be, omitted to take reasonable precautions to prevent the mixing of, any substancereferred to In that sub-section with any liquor or intoxicatingdrug shall be on him;

         2.where a person is prosecuted for an offence under sub-section(3) for being in possession of any liquor or  intoxicating  drug  inwhich any substance referred to in sub-section (1) is  mixed,  theburden of proving that he did not know that such substance wasmixed with such liquor or intoxicating drug shall be on him.

         57B. Order to pay compensation.—

            (1). Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), the court when passing judgment in a case falling under section 57A may, if it is satisfied that death or grievous hurt has been caused to any person or persons by consumption of liquor or intoxicating drug sold in any place licensed under this Act, order the licensee of that place, whether or not he is convicted of an offence under, the said section, to pay, by way of compensation, such amount as it appears to be just, to the legal representatives of the deceased or to the person or persons to whom grievous hurt has been caused.      

    (2) Any person aggrieved by an order under sub-section (1) may, within ninety days from the date of the order, prefer an appeal to the High Court:
    Provided that no such appeal shall lie unless the amount ordered to be paid under sub-section (1) is deposited in the court which passed such order:
    Provided further that the High Court may entertain the appeal after the expiry of the said period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time .
    4. Repeal and saving.—(1) The Abkari (Amendment) Ordinance, 1984 (61 of 1984), is hereby repealed.
           (2) Notwithstanding such repeal, anything done or deemed to have been done or any action taken or deemed to have been taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act.