(1) Any person who—
(a) opens, keeps or uses any place for the purpose of an opium smoking assembly or in any way assists in conducting the business of any place used or kept for the purpose afore said, or
(b) being the owner, occupier or having the use or care or management or control of any place knowingly permits it to be opened, kept or used for the purpose of an opium smoking assembly,
5[shall on conviction, be punished—
(i) for a first offence, with imprisonment for a term which may extend to one year and with fine which may extend to one thousand rupees
(ii) for a second and subsequent offence, with imprisonment for a term which may extend to two years and with fine which may extend to two thousand rupees
1. This word was substituted for the word “punishable” by Bom. 19 of 1959, S. 12.
2. These words were substituted for the words “one month”, ibid.
3 These figures were substituted for the figures ‘100 ibid
4. This section was substituted for the original by Bom. 43 of 1949, S. 2.
5. This portion was substituted for the portion beginning with the words “shall, on Conviction” and ending with words “or with both” by Bom 19 of 1959 S 13
Provided that, in the absence of special and adequate reasons to the contrary, which reasons shall be mentioned in the judgment of the Court, such punishment, —
(a) for the first offence, shall not be less than imprisonment for six months and fine of five hundred rupees;
(b) for a second offence, shall not be less than imprisonment for nine months and fine of one thousand rupees;
(c) for a third and subsequent offence, shall not be less than imprisonment for one year and fine of one thousand rupees.]
(2) It shall be presumed, until the contrary, is proved, that a person accused of an offence under clause (b) of sub-section (1) has committed such offence if the offence committed by the person opening, keeping or using the place referred to in the said clause (b) is proved to have been committed in the place in the immediate possession of such accused person.]
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