Timeframe of bail u/s 34 of MP excise act and procedure for petition
16-Jul-2023 (In Customs & Central Excise Law)
Within what timeframe does accused gets a bail if he's accused u/s 34(2) MP EXCISE ACT. What is the procedure if such petition is filed in high court ?
OFFENCES AND PENALTY 34 Penalty for unlawful manufacture, transport, possession, sale etc.— (i) Whoever, in contravention of any provision of this Act, or of any rule, notification or order made or issued thereunder, or of any condition of a licence, permit or pass granted under this Act,— (a) manufactures, transports, imports, exports. collects of possesses any intoxicant; (b) save in the cases provided for in Section 38, sell any intoxicant; of
Sec 2 :-(2) Notwithstanding anything contained in sub-section (1), if a person is convicted for an offence covered by clause (a) or clause (b) of sub-section (1) and the quantit1 of the intoxicant being liquor found at the time or in the course of detection of the offence exceeds fifty bulk liter, he shall be punishable with imprisonment for a term which shall not be less than one year hut which may extend to three years and with fine which shall not be less than twenty five thousand rupees but may extend to one lac rupees: Provided that when any person is convicted under this section for an offence for second or subsequent time, he shall be punishable for every such offence with imprisonment for a term which shall not be less than two years but which may extend to five years and with fine which shall not be less than fifty thousand rupees but may extend to two lac rupees.
As u not mention the quantity of material it may be difficult to tell u the exact time, plz tell us few aout case
Sec 2 :-(2) Notwithstanding anything contained in sub-section (1), if a person is convicted for an offence covered by clause (a) or clause (b) of sub-section (1) and the quantit1 of the intoxicant being liquor found at the time or in the course of detection of the offence exceeds fifty bulk liter, he shall be punishable with imprisonment for a term which shall not be less than one year hut which may extend to three years and with fine which shall not be less than twenty five thousand rupees but may extend to one lac rupees: Provided that when any person is convicted under this section for an offence for second or subsequent time, he shall be punishable for every such offence with imprisonment for a term which shall not be less than two years but which may extend to five years and with fine which shall not be less than fifty thousand rupees but may extend to two lac rupees.
As u not mention the quantity of material it may be difficult to tell u the exact time, plz tell us few aout case
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