State Act

69

Section 69. Enhanced punishment after previous conviction

THE UNITED PROVINCES EXCISE ACT, 1910

Act no. 4 of 19101910In forceUttarakhand (State Act)

69. 1[If any person, after having been previously convicted of an offence punishable under section 60, section 62, section 63 or section 65 or under the provisions of those section as they stood from time to time sub-subsequently commits and is convicted of an offence punishable under any of these sections, he shall be liable to twice the punishment which may be imposed on a first conviction under this Act : [Provided that- (a) in the case of second or third conviction for any offence under sub-section (1) of Section 60, Section 63 or Section 65, a sentence of imprisonment for a term not less than one year but which may extend to five years, and with fine which may extend to thirty thousand rupees, shall be passed; (b) in the case of second or third conviction for any offence under sub-section (2) of Section 60 or Section 62, a sentence of imprisonment for a term not less than two years but which may extend to five years, and with fine which may extend to sixty thousand rupees, shall be passed; (c) in the case of fourth or subsequent conviction for an offence punishable under any of Section 60, Section 62, Section 63 or Section 65, a sentence of imprisonment for a term not less than seven years but which may extend to ten years and with fine which may extend to sixty thousand rupees, shall be passed.]4 Provided further that nothing in this section shall prevent any offence that might otherwise have been tried summarily under Chapter XXI of the Code of Criminal Procedure, 1973, from being so tried.]