Directives issued for regular reporting, monitoring of cases
*Data-base of habitual offenders to be prepared
Mohinder Verma
JAMMU, June 15: Shocking it may sound but it is a fact that procedure laid down for handling the offences under the Jammu and Kashmir Excise Act is not being followed by the concerned Government agencies including the Police Department thereby creating hurdles in arresting the menace of bootlegging, illicit distillation, illicit cultivation of narcotics and drug trafficking.
Now, the Excise Commissioner J&K has issued a slew of directives to all the agencies which have been delegated powers under the Excise Act in order to ensure regular reporting of cases to the Excise Department and their effective monitoring.
Under Sections 30 and 40 of the J&K Excise Act, a detailed procedure to be followed by the concerned agencies while dealing with violations of various provisions has been laid down. Similarly, Section 33 of the Act states that officers of the Police and Revenue Departments shall be legally bound to assist any Excise and Taxation Officer in carrying out the provisions of the law.
Likewise, Section 34 of the Act states: “Every officer employed by the Government other than an Excise and Taxation Officer shall be bound to give every information to an ETO of all breaches of any of the provisions of the Act and all such officers shall be bound to take all reasonable measures to prevent the commission of any such offence”.
Further in view of the mandate of the Act and other statutory provisions, vide Order No.14-E of 1959 dated April 8, 1959, all officers of the Forest Department not below the rank of Assistant Conservator of Forest have also been appointed by the Government as Excise and Taxation Officers with additional powers of Inspectors under Sections 27 and 30 of the Act with respect to removal, destruction and extraction of charas in the areas under the control of Forest Department.
Similarly, vide Order No.52-E of 1959 dated November 27, 1959, all Police Officers Incharge of Police Stations or attached to them not below the rank of Sub-Inspector have been delegated the powers of Excise Inspectors under the Excise Act. Moreover, Section 4-B of the Act states: “Subject to the control of the Government and unless the Government by notification otherwise directs, the general superintendence and administration of all matters relating to the Excise shall vest in the Commissioner”.
However, it has been observed that this procedure is not being followed by all the concerned Government agencies as a result of which the Excise Department is not in a position to even keep track of the cases taking places across the Union Territory of Jammu and Kashmir, official sources said.
“Because of this, the Excise Department is finding it difficult to strictly implement Section 50-B under which the penalty to be imposed second time to the convict for any non-bailable offence is more stringent. Under Sub-Section 2 of Section 56 the punishment is double for every subsequent offence in order to deter the offenders”, sources further said.
The persons being arrested by the Police Department are not being produced before the Excise and Taxation Officers or the Deputy Commissioners Excise in blatant violation of the Act and this is leading to non-availability of the data base with the Excise Department.
“Moreover, Excise Department is not being provided with any information about the liquor seized by the Police Department and kept in the Malkhanas of the Police Stations”, sources disclosed.
Keeping all these aspects in the mind, the Excise Commissioner J&K Rajesh Kumar Shavan has ordered that all Excise Inspectors whether on permanent basis or under delegation of powers—Incharge Police Stations, shall strictly follow the procedure as mandated under Section 30 of the Act and the Deputy Commissioners Excise shall be immediately intimated of any Excise offence within 24 hours.
“Excise and Taxation Officers shall take review of all Excise/NDPSA related offences on monthly basis by holding meeting with all the Excise Inspectors including Incharge Police Stations and the Deputy Commissioners Excise shall maintain data-base of all Excise/NDPSA offences with specific list of habitual offenders”, the order said.
The Deputy Commissioners Excise have also been asked to maintain the data of the cases disposed of in appeal and submit the same to the Commissionerate on monthly basis.
For better monitoring of the field work and to arrest bootlegging, illicit distillation, illicit cultivation of poppy/bhang, drug trafficking and violation of Excise Act and Rules, there will be 27 zones to be headed by minimum Sub-Inspector Excise and two Excise Guards, read the order.
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