(1)

Whoever in contravention of the provisions of this Act, or of any rule, regulation or order made or of any licence, permit, pass or authorization issued, thereunder—

(b) consumes or uses any intoxicant (other than opium) or hemp,

(c) taps or permits to be tapped any toddy producing tree,

(d) draws or permits to.be drawn toddy from any tree,

(i) for a first offence, with imprisonment for a term which may extend to six months and with fine which may extend to ten thousand rupees

(ii) for second offence, with imprisonment for a term which may extend to two years and with fine which may extend to twenty thousand rupees ;

(iii) for a third or subsequent offences, with imprisonment for a term which may extend to two years and with fine which may extend to twenty thousand rupees :

(2)

Subject to the provisions of sub-section (3), where in any trial of an offence under clause (b) of sub-section (1) for the consumption of an intoxicant, it is alleged that the accused person consumed liquor, and it is proved that the concentration of alcohol in the blood of the accused person is not less than 0.05 per cent weight in volume then the burden of proving that the liquor consumed was a medicinal or toilet preparation, or an antiseptic preparation or solution, or a flavouring extract, essence or syrup, containing alcohol, the consumption of which is not in contravention of the Act or any rules, regulations or orders made thereunder, shall be upon the accused person, and the Court shall in the absence of such proof presume the contrary.

(3)

The provisions of sub-section (2) shall not apply to the consumption of any liquor—

(a) by indoor patients during the period they are being treated in any hospital, convalescent home, nursing home or dispensary, maintained or supported by Government or a local authority or by charity, or

(b) by such other persons, in such other institutions, or in such circumstances as may be prescribed.