Gujarat Prohibition Act, 1949.

Chapter 9

POWERS AND DUTIES OF OFFICERS AND PROCEDURES.

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Section 115

Magistrate’s power to impose enhanced penalties.

¹[115. ²[(1)] Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898, it shall be lawfully for ³*** any magistrate of the First Class to pass any sentences authorized by this Act ⁴[except any sentence under section 65A] in excess of his powers under section 32 of the said Code, provided that the fine shall not exceed three thousand rupees.]

⁵[(2)] The provisions of the Code of Criminal Procedure,1973 shall apply for trials of the offences under section 65A.]

Footnote

This section was substituted for the original ibid., s. 76.
Section 115 was renumbered as sub-setcion (1) by Guj. 29 of 2011, s. 7 (1).
The words “any Presidency Magistrate or” were omitted by the Gujarat Adaptation of Laws ( State and Concurrent Subjects ) Order, 1960.
These words, figures and letter were inserted by Guj. 29 of 2011, s. 7 (1).
Sub-section (2) was inserted by Guj 29 of 2011, s. 7 (2).

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8: EXCISE DUTIES.

Gujarat Prohibition Act, 1949.

Magistrate’s power to impose enhanced penalties.

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