Section 35
Section 35 of the Delhi Excise Act, 2009. 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 s
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.
Section 35, The Delhi Excise Act, 2009 (Act 10 of 2010).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 1
Questions about Section 35
How do I find court cases under Section 35 of the Delhi Excise Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Delhi Excise Act 2009 35, section 35 Delhi Excise Act 2009, section 35 of the Delhi Excise Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 35 of the Delhi Excise Act, and has it changed?
Its own text turns on section 40, Indian Penal Code 320 (Grievous hurt), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.
When was the Delhi Excise Act enacted?
Delhi Excise Act was enacted in 2010 as Act 10 of 2010. India Code records no commencement date for it. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/b75e51a4-2e7b-4f67-9283-17b9ef359a4d.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/b73b7d61-d311-4d02-aefa-521ade41a5da/content). This page is not a substitute for legal advice.