Andhra Pradesh Prohibition Act, 1995

{
    "id": 14693,
    "slug": "andhra-pradesh-prohibition-act-1995-1995",
    "title": "Andhra Pradesh Prohibition Act, 1995",
    "short_title": "Andhra Pradesh Prohibition Act, 1995",
    "act_number": "(Act No. 17 of 1995)",
    "act_year": 1995,
    "act_type": "STATE",
    "location": "Andhra Pradesh",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Andhra Pradesh Prohibition Act, 1995",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "1. \"Arrack\" means country liquor including arrack brewed coloured flavoured or spiced.\n1A. \"Buy\" or \"Buying\" includes any receipt including gift.\n2. \"Collector\" means the collector of a district and includes the Joint Collector or any person appointed by the Government to exercise the powers and to perform the functions of a Collector under this Act.\n3. \"Commissioner\" means the Commissioner of Prohibition and Excise, appointed under Section 3 of Andhra Pradesh Excise Act 1968, (Act 17, of 1968)\n4. \"Foreign Liquor\" includes every liquor imported into India other than Indian Liquor\n5. \"Government\" means the State Government.\n6. \"Indian Liquor\" means liquor produced, manufactured or compounded in India after the manner of Gin, Brandy, Whisky or Rum imported from foreign countries and includes milk punch and other liquors consisting of or containing any spirit, but does not include Foreign Liquor.\n7. \"Liquor\" includes (a) spirits of wine, denatured spirits methylated spirits and rectified spirits Beer, toddy and every liquid consisting of or containing alcohol and (b) any other intoxicating substance which the Government may by, notification, declared to be liquor for the purpose of this Act.\n8. \"Local Body\" means any municipal corporation, municipality, notified area, Gram Panchayat, Mandal Parishad, Zilla Parishad, Township or a cantonment constituted under the relevant law of for the time being in force.\n9. \" Notification\" means a notification published in the Andhra Pradesh Gazette and the term notified shall be construed accordingly.\n10. \"Place\" includes an open place, a house, club, shed, enclosure, building, shop, tent, vessel, raft, and vehicle.\n11. \"Police Station\" includes any place which the Government may by notification, declared to be a police station for the purpose of this Act.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "12",
            "title": "12. Prescribed\" means prescribed by the rules under this Act.",
            "chapter": null,
            "content": "13. \"Prohibition Officer\" means the Commissioner, a Collector or any officer or other person to whom the Commissioner or the Collector delegates his powers or functions under Section 6 of this Act .\n14. \"Sale\" or \"Selling\" includes any transfer including gift.\n15. \"(omitted)\"\n16. \"Words and expression in this Act but not defined shall have the meanings assigned to them in the Andhra Pradesh Excise Act 1968, (Act 17, of 1968)\nCHAPTER - II\nEstablishment and Control",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "3",
            "title": "3. Appointment of Commissioner.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "4",
            "title": "4. General control of Commissioner over Collectors.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "5",
            "title": "5. Officers and staff.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "6",
            "title": "6. Delegation.",
            "chapter": null,
            "content": "CHAPTER - III\nProhibition and Penalties",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "7",
            "title": "7. Prohibition of selling, buying and consumption of liquor.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "7A",
            "title": "7A. Prohibition of production etc., of arrack.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "8",
            "title": "8. Punishment for buying, selling, consumption etc., of liquors.",
            "chapter": null,
            "content": "(a) consumes any liquor except in accordance with the provisions of this Act or the Andhra Pradesh Excise Act 1968, (Act 17, of 1968) or the terms of a rule, notification, order, licence or permit issued there under shall be punished with imprisonment for a term which may extend up to six months or with fine which may extend up to one thousand rupees or with both.\n(b) possesses, collects, buys, sells, transports, produces or manufactures any liquor other than arrack except in accordance with the provisions of the Andhra Pradesh Excise Act 1968, (Act 17, of 1968) or the terms of any rule, notification , order, licence or permit issued there under shall be punished.\n(i) where the liquor involved in the offence is less than such quantity as may be notified in this behalf with imprisonment for a term which shall not be less than six months but which may extend up to three years or with fine which shall not be less than rupees ten thousand or shall not be less than thrice the value of the liquor involved in this offence which ever is higher but which may extend up to six times value of such liquor, such value being arrived at in the manner prescribed or with both.\n(ii) Where the liquor involved in the offence is not less than such quantity notified as aforesaid with imprisonment for a term which shall not be less than one year but which may extend up to five years and with fine which shall not be less than rupees twenty thousand or shall not be less than thrice the value of the liquor involved in the offence which ever is higher but which may extent up to six times value of such liquor, such value being arrived at in the manner prescribed or with both.\n(iii) Where the commission of any offence either under sub-clause (i) or sub-clause (ii) is abetted, the abettor shall be liable for punishment with imprisonment either description and with fine as provided there in.\n(c) Having obtained a licence or permit granted under Andhra Pradesh Excise Act 1968, (Act 17, of 1968) sells any liquor other than arrack otherwise than accordance with the provisions of this Act or terms of any rule, notification, order, licence or permit issued there under shall be punished with imprisonment for a term which may extend up to six months or with fine which may extend up to rupees one thousand or with both..\n(d) allows consumption of arrack upon premises in his immediate possession shall be punished with imprisonment for a term which extend up to three years or with fine which extend up to ten thousand rupees or with both.\n(e) contravenes the provisions of section 7-A shall on conviction be punished with imprisonment for term which shall not be less than one year but which may extend up to five years and with fine which shall not be less than rupees ten thousand but which may extend up to rupees one lakh.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "9",
            "title": "9. Punishments for being found in state of intoxication.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "10",
            "title": "10. Punishment for abetment of escape of persons arrested etc.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "11",
            "title": "11. Punishments for offences not otherwise provided for.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "11A",
            "title": "11A. Grant of bail.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "11B",
            "title": "11B. Compounding of offences.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "12",
            "title": "12. Things liable to confiscation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "13",
            "title": "13. Confiscation by Prohibition and Excise Officers in certain cases.",
            "chapter": null,
            "content": "(a) receiving evidence on affidavits\n(b) summoning and enforcing the attendance of any person and examining him on oath, and\n(c) compelling the production of documents.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "13A",
            "title": "13A. Issue of show cause notice.",
            "chapter": null,
            "content": "(a) is given a notice in writing informing him of the grounds on which it is proposed to confiscate such property; and\n(b) is given an opportunity of making a representation in writing within such reasonable time as may be specified in the notice.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "13B",
            "title": "13B. Order of confiscation in the absence of offender.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "13C",
            "title": "13C. Appeal.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "13D",
            "title": "13D. Order confiscation not to interfere with the other punishments.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "13E",
            "title": "13E. Bar of jurisdiction.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "13F",
            "title": "13F. Property confiscated when to vest in Government.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "14",
            "title": "14. Police to take charge of articles seized.",
            "chapter": null,
            "content": "CHAPTER - IV\nRegulation of Manufacture, Trade Etc., of Liquor",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "15",
            "title": "15. Regulation of liquor other than arrack.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "16",
            "title": "16. Exemption of bonafied travelers and lawful consignments.",
            "chapter": null,
            "content": "(a) the liquor in possession of bonafied travelers for their own personal use while passing through any local area in which this Act is in force, or\n(b) to lawful consignments of liquor carried through or into any such local area.\nCHAPTER - V\nDetection, Investigation and Trial Offeences",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "17",
            "title": "17. Issue of search warrants.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "18",
            "title": "18. Power of entry without search warrant.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "19",
            "title": "19. Power of entry and inspection.",
            "chapter": null,
            "content": "(a) that any liquor is kept for sale or store otherwise than in accordance with the provisions of the Andhra Pradesh Excise Act 1968, (Act 17, of 1968) and the rules made there under.\n(b) That an offence under section 7, section 7-A or section 8 is being committed and may examine, test, measure or weigh any material, still, utensil, implement, apparatus or liquor found in such place.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "20",
            "title": "20. Power to use force in case of resistance to entry.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "21",
            "title": "21. Arrest of offenders and seizure of contraband liquor and articles without warrant.",
            "chapter": null,
            "content": "(a) may arrest without warrant any person found committing an offence punishable under Section 7, Section 7-A, or Section 8 or Section 9,\n(b) may seize and detain any liquor or other article which he has reason to believe to be liable to confiscation under this Act, and\n(c) may search any person, vessel, vehicle, animal, package, receptacle or covering, upon whom or in which, he may have reasonable cause to suspect any such liquor or other article to be or to be concealed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "22",
            "title": "22. Arrest of persons refusing to give name and giving false name.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "23",
            "title": "23. Arrest, search etc., how to be made.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "24",
            "title": "24. Power to Prohibition and Excise Officer in the matters of investigation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "25",
            "title": "25. Cognizance and trial of offence.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "25A",
            "title": "25A. Enhanced punishment after previous conviction.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "26",
            "title": "26. Punishments for vexatious search or arrest.",
            "chapter": null,
            "content": "(a) without reasonable ground of suspension, enters or searches or causes to be searched, any closed place, or\n(b) vexatiously and unnecessarily seizes the property of any person on the pretence of seizing or searching for any thing liable to confiscation under this Act, or\n(c) vexatiously and unnecessarily detains searches or arrests any person, or\n(d) maliciously and falsely lays information leading to a search, seizure, detention, or arrest, or\n(e) in any other way maliciously exceeds his lawful powers, shall be punished with imprisonment which may extend up to six months, or with fine which may extend up to five hundred rupees, or with both.\n27.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        },
        {
            "number": "28",
            "title": "28. Duty of officials of all departments and local bodies to assist.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 37
        },
        {
            "number": "29",
            "title": "29. Offences to be reported etc.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 38
        },
        {
            "number": "30",
            "title": "30. Protection of action taken under this Act.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 39
        },
        {
            "number": "31",
            "title": "31. Overriding effect.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "31A",
            "title": "31A. Power to remove difficulties.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 41
        },
        {
            "number": "32",
            "title": "32. Savings.",
            "chapter": null,
            "content": "(a) the Andhra Pradesh Beverages Corporation Limited to carry on trade in liquor in accordance with rules made in this behalf,\n(b) the buying and selling of liquor carried on by the military canteens in the State under any licence granted in accordance with the provisions of the Andhra Pradesh Excise Act 1968, (Act 17, of 1968) and the rules made there under, and\n(c) the consumption and utilization of medicines, toilet preparations and other food materials containing alcohol",
            "footnote": "",
            "is_definition": false,
            "sort_order": 42
        },
        {
            "number": "32A",
            "title": "32A. Transitional Provision.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 43
        },
        {
            "number": "33",
            "title": "33. Power to make rules.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 44
        },
        {
            "number": "34",
            "title": "34. Amendment of Act 17 of 1968.",
            "chapter": null,
            "content": "(1) In section 1 for sub-section (2) the following shall be substituted, namely \" (2) It extends to the whole state of Andhra Pradesh, provided that on and from the date of commencement of Andhra Pradesh Prohibition Act 1995, the provisions of this Act, in so far as they are inconsistent with the provisions of the said Act cease to operate\"\n(2) In section 5 for sub-section (1) the following shall be substituted namely - \" (1) The Government may appoint such number of Additional Commissioners, Joint Commissioner, Deputy Commissioners, and Assistant Commissioners of Prohibition and Excise and District Prohibition and Excise Officers and such other officers as they think fit for the purpose of performing the functions of respectively conferred on them by or under this Act.\"\n(3) Through out the Act for the words \" Excise Officers\", \"Commissioner of Excise\", \"Additional Commissioner of Excise\", Deputy Commissioner of Excise\", Assistant Commissioner of Excise\", Excise Superintendent\", Assistant Excise Superintendent\", and Excise Department the words \" Prohibition and Excise Officers\", \"Commissioner of Prohibition and Excise\", \"Additional Commissioner of Prohibition and Excise\", Deputy Commissioner of Prohibition and Excise\", Assistant Commissioner of Prohibition and Excise\", Prohibition and Excise Superintendent\", Assistant Prohibition and Excise Superintendent\", and Prohibition and Excise Department\", shall respectively be substituted.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 45
        },
        {
            "number": "35",
            "title": "35. Repeal of Act X of 1937 etc.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 46
        }
    ],
    "metadata": {
        "Act ID": "Last Updated 9th December, 2019 [ap669]",
        "Act Number": "(Act No. 17 of 1995)",
        "Enactment Date": "",
        "Act Year": "1995",
        "Short Title": "Andhra Pradesh Prohibition Act, 1995",
        "Type": "STATE",
        "Location": "Andhra Pradesh"
    },
    "updated_at": "2026-09-29 21:55:18"
}