Gujarat Prohibition Act (Bombay Prohibition), 1949
Whoever,— (a) in contravention of the provisions of section 59C possesses, without a permit, any denatured spirituous preparation in excess of the quantity prescribed under that section, or (b) in contravention of the provisions of section 59D, manufactures, sells, bottles for sale or imports, exports or transports, any denatured spirituous preparation, or (c) drinks any denatured spirituous preparation, shall, on conviction, be punished- (i) for a first offence, with imprisonment for a term which may extend to six months and with fine which may extend to one thousand rupees : Provided that in the absence of special and adequate reasons to the contrary, to be mentioned in the judgment of the Court, such imprisonment shall not be less than three months and fine shall not be less than five hundred rupees ; (ii) for a second offence, with imprisonment for a term which may extend to two years and with fine which may extend to two thousand rupees : Provided that, in the absence of special and adequate reasons to the contrary, to be mentioned in the judgment of the Court, such imprisonment shall not be less than six months and the fine shall not be less than one 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 two thousand rupees : Provided that, in the absence of special and adequate reasons to the contrary, to be mentioned in the judgment of the Court, such imprisonment shall not be less than nine months and fine shall not be less than one thousand rupees.