The Gazetteers Department

Introduction.—The prohibition policy of the Government aims at the moral, ethical and economic uplift of the common man and the achievement of peaceful living conditions in society.

To implement this policy the prohibition laws are enforced which prohibit the production, possession, export, import, transport, purchase, sale, consumption and use of all intoxicants except as permitted by any rules, orders or regulations. Prohibition was implemented in the then Bombay State from 6th April 1950.

The Prohibition and Excise department administers the Bombay Prohibition Act, 1949; the Bombay Opium Smoking Act, 1936; the Bombay Drugs (Control) Act, 1959; the Medicinal and Toilet Preparations (Excise Duty) Act, 1955; the Spirituous Preparations (Inter-State Trade and Commerce) Control Act, 1955; and the Dangerous Drugs Act, 1930.

The Bombay Prohibition Act, 1949, prohibits the production, manufacture, possession, exportation, importation, sale, etc., of all intoxicants, except those permitted by any rules, or regulations. The Act also regulates the possession, sale, etc., of mhowra flowers and molasses.

The Bombay Drugs (Control) Act regulates the possession and sale of certain drugs which are injurious to health.

The Medicinal and Toilet Preparations (Excise Duties) Act provides for the levy and collection of duties of excise on medicinal and toilet preparations containing alcohol, opium, Indian hemp or other narcotic drugs.

The Spirituous Preparations (Inter-State Trade, and Commerce), Control Act makes provisions for imposition in the public interest of certain restrictions on inter-State trade in spirituous, medicinal and other preparations.

The Dangerous Drugs Act prohibits the manufacture, exportation, importation, sale, possession and transportation of manufactured drugs like cocaine, heroin, pethidine, etc., except in accordance with the rules made in that behalf.

Organisation.—The Collector of Bhandara is the officer-in-charge of the administration of the Prohibition and Excise department in the district. He is responsible to the Director of Prohibition and Excise, Maharashtra State, Bombay. For the performance of his functions the Collector is invested with powers under the Bombay Prohibition Act (XXV of 1949), the Dangerous Drugs Act (II of 1930) and the Bombay Opium Smoking Act (XX of 1936). The Collector has also powers to grant, cancel or suspend licences, Bombay Prohibition Act (XXV of 1949), the Dangerous Drugs Act tendent of Prohibition and Excise, Bhandara, assists the Collector in all excise and prohibition matters. Officers of and above the rank of Sub-Inspector of Prohibition and Excise have been vested with necessary powers to investigate offences under different Prohibition Acts. The Prohibition Propaganda Officer carries out prohibition propaganda throughout the district under the guidance of the Superintendent of Prohibition and Excise, Bhandara.

The work of issuing certificates to drugs addicts has been entrusted to a Government Medical Officer, Bhandara, who examines persons applying for permits to possess opium, ganja or bhang for personal consumption and who are directed by the Collector or any authorised officer to appear before him. On examination the medical officer issues a medical certificate specifying the disease the applicant is suffering from, the drug recommended for consumption as a medical necessity and its quantity to be permitted per month.

Functions.— The Police department is the enforcement agency to deal with the detection and investigation of offences and prosecution of offenders under the Bombay Prohibition Act. Officers of the Prohibition and Excise department of and above the rank of a Sub-Inspector have been invested with powers to investigate offences but these Officers pass on information of the commission of offences and handover cases detected by them to the Police for investigation. Under Section 134 of the Bombay Prohibition Act, village officers, village servants, officers of other departments of the State Government, and officers and servants of local authorities are bound to give information to the Police of breaches of the provisions of the Act which may come to their knowledge and also to prevent the commission of breaches of the provisions of the Act, of which they may have knowledge. Under Section 133, the officers and servants of local authorities are also bound to assist any Police officer or person authorised to carry out the provisions of the Act. Under Section 135, occupiers of lands and buildings, landlords of estates, owners of vehicles, etc., are bound to give notice of any illicit tapping of trees or manufacture of liquor or intoxicating drug to a magistrate, a prohibition officer or a Police officer as soon as it comes to their knowledge.

All revenue officers of and above the rank of Mamlatdar, all Magistrates, and all officers of the Department of Prohibition and Excise of and above the rank of a Sub-Inspector have been authorised under Section 123 of the Bombay Prohibition Act within the limits of their respective jurisdictions, to arrest without warrant any person whom they have sufficient reason to belive to be guilty of an offence under the Act and to seize and detain any article of contraband. The officers so authorised, when they arrest any person or seize and detain any articles, have to forward such person or articles without unnecessary delay, to the officer-in-charge of the nearest police station.

Kinds of Permits.— The following kinds of permits are granted for the possessions, use, etc., of foreign liquor—

(1) Emergency Permit: An emergency permit is granted for the use or consumption of brandy, rum or champagne to any person for his/her own use or consumption or to any head of the household for the use of his/her household for medicinal use on emergent occasions. This permit is granted for a period not beyond 31st March next following the date of the commencement of the permit, and for a quantity not exceeding 375 ml. of brandy or rum per three months or 750 ml. of champagne per three months. A permit is not granted to more than one member of a household at any one time. The term 'household' is defined as a group of persons residing and messing jointly as members of one domestic unit.

(2) Health Permit : A health permit is granted to any person for the use or consumption of foreign liquor for the preservation or maintenance of his/her health. No health permit is granted for a quantity exceeding that recommended by the Area Medical Board or a registered medical practitioner, as the case may be:

Provided that such quantity shall not exceed—

(i) 2 units of foreign liquor per month in the case of an applicant who is less than thirty years of age:

(ii) 3 units of foreign liquor per month in the case of an applicant who is not less than thirty years of age but is less than forty years of age; and

(iii) 4 units of foreign liquor per month in the case of an applicant who is not less than forty years of age. No such permit is granted in the case of a person who is of a age less than 30 years for a period exceeding twelve months and in any other case for a period exceeding twenty-four months. The fee for a permit granted for a period not exceeding twelve months is twelve rupees and in any other case twenty rupees.

(3) Temporary Resident's Permit : This permit is issued to person born and brought up or domiciled in a country outside India, where liquor is usually consumed and who come and stay in the State temporarily. No permit is granted for a period exceeding twenty-four months from the date of commencement. The permit is granted for such monthly quantity not exceeding 6 units per month.

(4) Visitor's Permit: Any person visiting the State for a period of not more than a week and desiring to possess, use and consume foreign liquor can apply to the Collector for a permit. The permit is granted for a period not exceeding one week provided that the Collector may extend the period of such permit but in no case shall such period be extended to a total period exceeding one month. No permit is granted for a quantity exceeding one unit per week.

(5) Interim Permit : Any person who is eligible for a permit under rules 63, 64 or 68 of the Bombay Foreign Liquor Rules, 1953, and desires to possess use or consume foreign liquor may apply to the Collector or any other officer authorised in this behalf for an interim permit while applying for a regular permit under any of the said rules. No such permit is granted for a period exceeding two months. The permit is granted for such monthly quantity of foreign liquor as the Collector may fix provided that such quantity does not, in any case, exceed two units of foreign liquor per month if the permit holder is not eligible for a permit under rule 63 or four units of foreign liquor per month in other cases, except with the sanction of the Director of Prohibition and Excise.

(6) Tourists Permit : A tourist's permit is issued free of charge to a foreign tourist holding a tourist introduction card or a tourist visa. The permit is granted for a quantity not exceeding six units per month and the period for which it is granted is one month.

(7) Special Permit for Privileged Personages: This permit is granted to consular corps, and members of the staff appointed by or serving under them, provided that such members are the nationals of a foreign State. It is also granted to the consorts and relatives of the above persons. This permit is also granted to a representative or officer of any international organisation to which privileges and immunities are given from time to time by or under the United Nations (Privileges and Immunities) Act, 1947. This permit is granted for any quantity of foreign liquor if the permit holder is a soverign or a head of foreign State or his consort. If the permit holder is any other person, the permit is granted for a quantity of foreign liquor not exceeding that which may be fixed by the State Government, or as directed by the Director in that behalf.

Any person not less than 21 years of age can without any permit, purchase mild liquor in sealed bottles from a foreign liquor vendor's licensee and possess and transport it for his own consumption.

Toddy.— The toddy scheme has been introduced in the State of Maharashtra with effect from February 1968. Under this scheme, sale of toddy containing not more than 5 per cent alcohol by volume is permitted to be made by licensees to persons above twenty-one years of age. The licences for the sale of toddy are disposed of by the Collector in accordance with the provisions of the Maharashtra Toddy Shops (Public Auctions) Order, 1968. The total number of licences for sale of toddy in each district is fixed by the Director. Transport and possession of toddy in quantity not exceeding three litres at a time in the aggregate purchased from a person holding a licence for the retail sale of toddy by a person not less than twenty-one years of age is permitted without a permit throughout the State.

Denatured Spirit.— The possession and use of denatured spirit is prohibited except under a permit. A permit for possession and use of denatured spirit for domestic purposes is normally granted for a quantity not exceeding one bottle per month, but the officer granting the permit may for any special reasons grant the permit for any quantity not exceeding three quart bottles per month; provided further that with the previous sanction of the Collector, a permit may be granted for a quantity exceeding three bottles per month. The possession and use of denatured spirit for medical, scientific and educational purposes and for purposes of art, industry or profession is regulated by a system of licences prescribed under the Bombay Denatured Spirit Rules, 1959.

Country Liquor and Wine.— A permit for the use of country liquor and wine for secramental purposes only, is granted to priests of certain communities, viz., Parsees, Jews and Christians.

Ganja, Bhang and Opium.— A permit for personal consumption of opium, ganja or bhang is granted only on production of a medical certificate from the Medical Board constituted by Government for the purpose. The maximum quantity which is allowed per month under such permit is 96 grams in the case of ganja and bhang and 60 grams in the case of opium.

Use for Industrial Purpose etc.— There are also rules under the Bombay Prohibition Act, 1949, governing the possession, use, transport, sale etc., of dangerous drugs, mhowra flowers, molasses, rectified spirit and absolute alcohol for industrial, medicinal and similar purposes.

Neera and Palm Products.—Licences for the sale of neera as well as licences for manufacturing gur from neera are granted only to—(1) the co-operative societies organised by social workers, (2) other similar organised institutions such as Gandhi Smarak Nidhi, (3) ashrams, (4) organisations, in charge of intensive area schemes, and (5) to sarvodaya centres, etc.

The objective in implementing the prohibition policy has been achieved to a considerable extent. It has resulted in improving the economic lot of people. Accompanied by other socio-economic reforms, the prohibition policy is bound to improve the living conditions of the people.

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