|109||Title:||DUTIABLE COMMODITIES ORDINANCE||Gazette Number:|
|Section:||61||Heading:||Distilling, etc. adulterated liquor||Version Date:||30/06/1997|
(1) Any person who imports, distils, makes, manufactures, sells, exposes for sale or has in his possession for sale, supplies or deals in, or puts in any container for any such purpose, any adulterated liquor shall be guilty of an offence and shall, if such adulterated liquor is proved to the satisfaction of a magistrate to be injurious to health, be liable to imprisonment for 2 years, in addition to any other penalty to which he may be liable under this Ordinance. (Amended 3 of 1970 s. 27; 34 of 1976 s. 7)
(1A) Where a person is convicted under this section and it is proved to the satisfaction of a magistrate that an adulterant in any adulterated liquor in respect of which that person has been convicted is a denaturant which is present in such quantities as not to render the liquor being a denatured spirit within the meaning of this Ordinance, that person shall, in addition to any other penalty to which he is liable under this Ordinance, be liable to imprisonment for 2 years. (Added 34 of 1976 s. 7)
(1B) For the purposes of subsection (1), any adulterated liquor found in licensed premises shall be presumed, in the absence of evidence to the contrary, to be in the possession of the licensee for the purpose of sale. (Added 34 of 1976 s. 7. Amended 46 of 1996 s. 30)
(2) In the case of any conviction under this section the magistrate may order that any liquor to which the conviction relates and any similar liquor, whether the same be proved to have been adulterated or not, which was on the defendant's premises or in his possession or under his control at the time of the commission of the offence, or which has been seized under this Ordinance, shall be forfeited:
Provided that no such liquor shall be forfeited if it is proved to the satisfaction of the magistrate by the defendant, or by any person into whose possession such liquor may have come, that the same has not been adulterated or was not for sale.
(3) Any liquor forfeited under this section shall be disposed of as the Commissioner directs. (Amended L.N. 294 of 1982)