# The Delhi Excise Act, 2009, Section 35

- Act: The Delhi Excise Act, 2009 (Act 10 of 2010)
- Source URL: https://indiacode.ecourtsindia.com/delhi-excise-act-2009/section/35/

## Text

Penalty for mixing noxious substance with liquor Whoever mixes or permits to be mixed with any liquor sold or manufactured or possessed by him any noxious drug or any foreign ingredient likely to cause disability or grievous hurt or death to human beings, shall be punishable- (a) if as a result of such an act, death is caused, with death or imprisonment for life and shall also be liable to fine which may extend to ten lakh rupees; (b) if as a result of such an act, disability or grievous hurt is caused, with imprisonment for a term which shall not be less than six years but which may extend to imprisonment for life, and with fine which may extend to five lakh rupees; (c) if as a result of such an act, any other consequential injury is caused to any person, with imprisonment for a term which may extend to one year and fine which may extend to two lakh fifty thousand rupees; 14 THE DELHI EXCISE ACT, 2009 SECTION 40 (d) if as a result of such an act, no injury is caused, with imprisonment which may extend to six months and fine which may extend to one lakh rupees. Explanation : For the purpose of this section, the expression "grievous hurt" shall have the same meaning as in section 320 of the Indian Penal Code, 1860 (XLV of 1860). 36. Order to pay compensation Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) the court, when passing an order under this Act may, if it is satisfied that death or injury has been caused to any person due to consumption of liquor sold in any place, order the manufacturer and seller, whether or not he is convicted of an offence, to pay, by way of compensation, an amount not less than three lakh rupees to the legal representatives of each deceased or two lakh rupees to the person to whom grievous hurt has been caused, or twenty thousand rupees to the person for any other consequential injury: PROVIDED that where the liquor is sold in a licensed shop, the liability to pay the compensation under this section shall be on the licensee. (2) Any person aggrieved by an order under sub-section (1) may, within thirty days from the date of the order, prefer an appeal to the High Court: PROVIDED that no appeal can be filed by the accused unless the amount ordered to be paid under sub-section (1) is deposited by him in the court: PROVIDED FURTHER that the High Court may entertain appeal after 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.

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