OTHER SOCIAL SERVICES

THE DEPARTMENT OF PROHIBITION AND EXCISE

Objectives of Prohibition Laws

The prohibition laws aim at prohibiting the production, manufacture, possession, export, import, transport, purchase, sale, consumption and use of all intoxicants except as permitted by any rules, regulations or orders, with a view to promoting, enforcing and carrying into effect the policy of prohibition in the State of Maharashtra.

Organisation

Total prohibition was introduced in Bhir district from 1st April 1959. The collector is in charge of the administration of this department in the district and is responsible for the implementation of the prohibition policy to the Director of Prohibition and Excise, Maharashtra State, Bombay. The collector is invested with powers under the Bombay Prohibition Act (XXV of 1949), and also exercises powers under the Dangerous Drugs Act (II of 1930) and the Bombay Opium Smoking Act (XX of 1936). Under the Bombay Prohibition Act, restrictions have been placed on the manufacture, import, export, transport, sale, possession, use and consumption of liquor, intoxicating drugs or hemp, mhowra flowers and molasses and of articles containing liquor, intoxicating drugs or hemp. The collector has powers to grant, cancel or suspend licences, permits and passes under the Act.

The District Inspector of Prohibition and Excise, Bhir, assists the collector and is in actual charge of the work of the department in the district. Under him is a sub-inspector of prohibition and excise for executive work. The sub-inspector of prohibition and excise has also been invested with certain powers under the Prohibition Act, the Dangerous Drugs Act and the Bombay Opium Smoking Act.

In each tahsil there is a medical board consisting of the government medical officer or assistant government medical officer in the tahsil. If there is no such officer the nearest government medical officer or assistant government medical officer functions as a medical board. The board examines medically any person who applies for a permit to possess opium, ganja or bhang for personal consumption and who is directed by the collector or an officer authorised to grant such permit for medical examination. On examination it issues a medical certificate specifying the disease the applicant is suffering from, the drug recommended for personal consumption as a medical necessity and the quantity of the drug which may be permitted per month for personal consumption. The Director of Prohibition and Excise, Maharashtra, either suo motu or on an application made to him by an applicant or permit holder, may refer any case or point to the panel concerned for consideration. The panel can either con-firm, modify or reverse the decision of the medical board Medical examination of applicants for the grant of permits for possession of foreign liquor on grounds of health is done by the government medical officers at the government hospitals or dispensaries in the district. So far as the town of Bhir is concerned such certificates are issued by the civil surgeon himself. At other places they are issued by the government medical officers and countersigned by the civil surgeon, Bhir.

Enforcement Work

The Police department is responsible for dealing with detection, investigation and prosecution of offences under the prohibition act. Though officers of the prohibition and excise department of and above the rank of sub-inspector are invested with powers to investigate offences, these officers generally pass on information of the commission of offences and hand over the cases detected by them to the police for investigation. The home guards organisation also assists the police in this work. Under Section 134 of the Prohibition Act, village officers, village servants useful to government, 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 about which they may have knowledge. Under Section 133 of the act 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 drugs to a magistrate, prohibition officer or police officer as soon as it comes to their knowledge.

All revenue officers of and above the rank of mamlatdar or mahalkari, all magistrates, and all officers of the department of prohibition and excise of and above the rank of sub-inspector have been authorised under Section 123 of the Prohibition Act, within the limits of their respective jurisdictions, to arrest without a warrant any person whom they have reason to believe to be guilty of an offence under the Act, and to seize and detain any articles of contraband. The officer so authorised, when he arrests any person or seizes and detains any articles, has to hand over such person or articles without unnecessary delay to the officer in charge of the nearest police station.

Effects of Prohibition

Prohibition was introduced in Bhir district from 1st April 1959.

The total revenue which was Rs. 9,96,523 in 1956-57 was only Rs. 33,665 in 1959-60. The excise revenue is not only derived from the consumption of liquor. It also includes excise arrears due for the previous years, fee for licences, permits and passes granted in respect of intoxicants, etc.

Kinds of Permits

Various permits are granted for the possession, use and consumption of foreign liquor. They are: —

Emergency.—Emergency permit is granted for the use or consumption of brandy, rum or champagne to any person for his own use or consumption or to any head of a house-hold for the use of his house-hold for medicinal use on emergent occasions. The 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 6-2/3 fluid ounces of brandy or rum or 13-1/3 fluid ounces of champagne per six months. A permit is not granted to more than one member of a house-hold at any one time or to a minor. The term ' house-hold' is denned as a group of persons residing and messing jointly as the members of one domestic unit.

Health.—Health permit is granted for the use or consumption of foreign liquor for a quantity up to the maximum of two units [One unit is equal to 1 quart bottle (of 26-2/3 ozs.) of spirits or 3 quart bottles of wine or 9 quart bottles of fermented liquors of a strength exceeding 2 per cent of alcohol by volume, or 27 quart bottles of fermented liquors of a strength not exceeding 2 per cent of alcohol by volume.] a month to any person who requires such liquor for the preservation or maintenance of his health. This permit may be granted to an applicant for a quantity exceeding two units but not more than three units of foreign liquor a month if the applicant at the time of making an application is more than 55 years of age provided:

(a) The applicant has made such application within three months of the expiry of the health permit held by him authorising him to consume more than two units; and

(b) The area medical board or the state medical board, as the case may be, recommends to such applicant a quantity in excess of two units.

This permit is usually granted for a period not exceeding that recommended by the area medical board or the state medical board, as the case may be, but such period shall not exceed six months in any case—

Provided that the permit may be granted for a period not exceeding 12 months in the case of persons over 70 years of age.

Temporary Resident's.—A temporary resident's permit is issued to persons born and brought up or domiciled in a country outside India, where liquor is usually consumed. The permit is granted for such monthly quantity not exceeding four units as the collector may fix in each case. No permit can be granted for a period beyond 31st March next following the date of its commencement.

Visitors.—Any person visiting the State of Maharashtra for a Period of not more than a week and desiring to possess, use and consume foreign liquor may 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 such permit is granted for a quantity exceeding one unit per week.

Interim.—Any person who is eligible to hold 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 shall not in any case exceed two units of foreign liquor per month if the permit holder is not eligible for permit under Rule 63 or 68, or four units of foreign liquor per month in other cases, except with the sanction of the Director of Prohibition and Excise.

Tourists.—This is issued free to a foreign tourist holding a tourist introduction card or tourist visa. The quantity of foreign liquor granted under this permit is four units per month and the period for which it is granted is one month.

Special permits for privileged persons.—This permit is granted to consular officers and the members of the staff appointed by or serving under them, provided that such members are nationals of a foreign State. It is also granted to the consorts and relatives of the above persons. The permit is granted for a period not extending beyond 31st March next following the date of the commencement of the permit. This permit is granted for any quantity of foreign liquor if the permit holder is a sovereign or 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 the Director of Prohibition and Excise.

Toddy

The possession, use, etc., of toddy is completely prohibited.

Denatured spirit

The possession and use of denatured spirit is prohibited, except under a permit or licence. A permit for possession and use of denatured spirit for domestic use is granted for a quantity not exceeding one quart bottle per month.

Provided that 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 quart bottles per month.

The possession and use of denatured spirit for medical, scientific and educational purposes and for purpose of art, industry or profession is regulated by the system of licences prescribed in this behalf. Possession of methylated industrial denatured spirit or special industrial denatured spirit for industrial purposes is allowed on licences issued under the Bombay Denatured Spirit Rules, 1959.

Country Liquor and Wine

Authorisations for use of country liquor and wine for sacramental purposes only are 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 may be allowed per month under such permit is 96 grams in the case of ganja and bhang and 60 grams in the case of opium. A permit can be granted for only one of these drugs.

Use for Industrial Purposes, etc.

There are also rules governing the possession, use, transport, sale. etc. of dangerous drugs, mhowra flower, molasses, rectified spirit and absolute alcohol for industrial, medical and similar purposes.

Neera and Palm Products

Sale of neera and manufacture of gur from neera are licensed. The licences are issued only to co-operative organisations and social workers. Licences for tapping are not granted to individuals.

Prohibition Sub-Committee of the District Development Board

With a view to amalgamating the activities of government at district level, government had set up a district development beard in each district for advising and helping government in respect of prohibition, and other matters concerning development. However, it has been dissolved since the formation of the Zilla Parishad.

Similarly the tahsil prohibition drive committees have also been dissolved alongwith the block advisory committees.

Sub-Committees of Village Panchayats

With a view to securing assistance from the village panchayats in prohibition propaganda work they have been directed to form sub-committees for the purpose. These committees are to be guided in this regard by the social education officers if the villages are in project of national extension service areas and by the district publicity officers and the prohibition and excise Staff in other areas. Local officers such as patels and talathis have to assist and advise these sub-committees in this regard.

Sanskar Kendras

There are two Sanskar Kendras of the department in the district at Bhir and Ambejogai.

Illicit Distillation

Illicit distillation and trade in illicit liquor increased with the introduction of prohibition. Such offences were no doubt committed in pre-prohibition days but this was done to evade the high excise duty and to sell the liquor at a cheap rate. With prohibition, illicit distillation increased. Like all habits, drinking habits die hard. Unsocial elements profit by such a situation and indulge in illicit distillation. Persuasive measures to wean away people from the drinking habits are undertaken.

Smuggling

Existence of wet areas along the border of this state has resulted in smuggling. Consequently some of the adjacent state took steps to create dry belts on the border. However, simultaneous introduction of total prohibition in all the states will be a proper solution.

Amendment to the Prohibition Act

The Supreme Court had held in a case, that the burden of proving that the accused person had consumed prohibited liquor was on the prosecution. It was, however, difficult to prove that the accused person had consumed prohibited liquor. This caused a great difficulty in the enforcement work. A sub-section has, therefore, now been added in Section 66 of the Bombay Prohibition Act, 1949 (by Act No. 12 of 1959) providing that in a case where it is proved after medical examination that the concentration of alcohol in the blood of the accused person is not less than 0.05 per cent, the burden of proving that the liquor consumed was a medicinal preparation, the consumption of which is not in contravention of the act or any rules, regulations or orders made thereunder shall he upon the accused person, and the court shall in the absence of such proof, presume the contrary.

The success of the policy of prohibition depends upon the response from the people. With universal education and gradual improvement in the living standards of the people better results are expected.

The government modified its prohibition policy recently. It grants liberal permits to the persons above forty years of age.

Prohibition Offences

The number of prohibition offences in the district detected during the three years from 1957-58 to 1959-60 is given below: —

Degrees of success achieved

Prohibition has, in effect, raised the standard of living of the poorer classes who now lead a happier and healthier life. They eat better food and wear more clothes. More and more of their children go to schools, and the women-folk are happier.