Excise sleuths asked to act against offenders
Excelsior Correspondent
JAMMU, Apr 15: To check illegal stocking of liquor in any part of the Union Territory of Jammu and Kashmir, the Excise Commissioner Rajesh Kumar Shavan has issued a number of directions for strict compliance at various levels.
The possession, sale, manufacture and transport of liquor is a restrictive and regulative trade controlled under the J&K Excise Act, 1958 and the Liquor Licensing and Sales Rules, 1984 and cannot be claimed as a matter of right.
Moreover, Section 12 of the Act prohibits the possession of any liquor or intoxicating drug in excess of the quantity prescribed by the Government from time to time. Even Rule 23 of Liquor and Licensing Sales Rule, 1984 limits the retail sale of foreign liquor including cider whether imported or made in India to 12 bottles of the capacity of 750 ml (9 bulk litres) and the beer 780 bulk litres or 12 bottles of 650 ml capacity.
Section 48 of the Excise Act prescribes a provision of penalty upon whosoever imports, exports, transports or possesses liquor in contravention of the Act and Rules.
However, the Excise Department has learnt from the reliable sources that during the current period of lockdown certain people having stocked the liquor in violation of the Act at unauthorized premises or at their residential places have resorted to selling of liquor at exorbitant rates defeating the instructions of the Government and violating the provisions of the Act.
It has also been noticed by the department that salesmen of wine shops don’t seek any document from the purchaser having biometric configuration like Aadhar card, PAN card or for that purpose the ration card to ensure that a buyer doesn’t resort to repeated purchases on the same day or a purchase beyond a prescribed quota.
This is notwithstanding the fact that under the Excise Act and Rules it is crystal clear that one person at one time cannot possess more than the prescribed limit without a voucher to substantiate the procurement of liquor for personal consumption and bonafide use from the authorised vendor failing which it amounts to initiation of inquiry under the Act for booking the offenders.
In order to enforce the regulation of liquor trade in transparent and strict manner in terms of possession and transport by any bonafide purchase for the personal consumption, the Excise Commissioner has issued a number of directions.
As per the order, the licensed vendor shall in no case sell more quantity of liquor than the prescribed limit to any individual for personal consumption and shall keep a close surveillance on the frequent visitor to avoid bulk purchase by any particular person as Rule 24 prohibits sale of the larger quantities.
“No person/family having a separate ration card and a registered household for the purpose of electricity/water connection shall at one time hold liquor more than the prescribed limit-12 bottles provided the source of procurement is legitimate from the authorised vendor”, the order reads.
All the Excise and Taxation Officers and the other Excise officials as authorised under the Act will ensure that there is no illegal stocking of any liquor or a drug in their area of jurisdiction and they shall proceed under the Act against the offenders.
“A special attention be paid to the manufacturers, stockists, bottlers, traders and retailers for ensuring that no one is allowed to stock liquor at any unauthorised premises in the garb of being a licensee”, the order further reads.
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