To eradicate the menace of illicit/illegal and spuriousliquor in the state, the Punjab Cabinet on Monday gave its approval to amendthe Punjab Excise Act, 1914 by adding section 61-A and amendment of section 61and section 63 and to introduce the Bill in this regard in the ongoing Budgetsession of Vidhan Sabha.
This decision was taken during a Cabinet meeting chairedby Chief Minister Captain Amarinder Singh here at CMO this afternoon.
According to the spokesperson of Chief Minister’s Office,the Cabinet decided a systematic change in the Excise Act to introducedeterrent punishment to anyone indulging in such malpractices in wake ofunfortunate tragedy in the districts of Amritsar, Gurdaspur and Tarn Taran,whereby several precious lives were lost due to consumption of spurious andadulterated liquor in July, 2020.
It was felt to bring a paradigm shift to strengthen theAct to deal with cases sternly where due to consumption of adulterated orillicit liquor, death or severe injury is caused. The underlining objective ofsuch provisions to be introduced in the Punjab Excise Act is to instil fear oflaw amongst the law breakers and to impose stiff punishment on the offenders.
Divulging the details, a new section 61-A has beeninserted in Punjab Excise Act, 1914 as its the Sub Section (1) stipulateswhoever mixes or permits to be mixed with any liquor sold or manufactured orpossessed by him any noxious drug or any foreign ingredient likely to causedisability or grievous hurt or death to human beings, shall be punishable. Incase of death, such guilty shall be punished with death or imprisonment forlife and shall also be liable to fine which may extend to twenty lakh rupees,in case of disability or grievous hurt, the guilty would be punished withimprisonment for at least six years extendable up to life imprisonment, andwith fine which may extend to ten lakh rupees. Likewise, any otherconsequential injury is caused to a person, the guilty shall be punished withthe imprisonment for a term which may extend to one year, and fine which mayextend to five lakh rupees, and in case of no injury caused to a person, theguilty shall be punished with the imprisonment which may extend to six monthsand fine which may extend to two lakh and fifty thousand rupees.
The Cabinet also made provision by amending Excise act toprovide compensation to the victims’ families by the manufacturer and seller ofspurious liquor.
According to the Section 61-A (2) (i), the court mayorder if it satisfied that death or injury has been caused to any person due toconsumption of liquor sold in any place, order the manufacturer and seller,whether or not he is convicted of an offence, to pay, by way of compensation, anamount not less than five lakh rupees to the legal representatives of eachdeceased or three lakh rupees to the person to whom grievous hurt has beencaused, or fifty thousand rupees to theperson for any other consequential injury. Provided that where the liquor issold in a licensed shop, the liability to pay the compensation under thissection shall be on the licensee and further that no appeal can be filed by theaccused unless the amount ordered to be paid under this section is deposited byhim in the court.
Thesection 63 has also been amended to enhance the term of imprisonment in theexisting provisions of the Act from one year to three years and amount of fineup to Rs. 1000 to 10,000 for the offence of alteration or attempt to alterationof denatured spirit.
Likewise, the Cabinet also gave approval to amend section61 (1) to enhance the term of imprisonment from three years to five years underthe chapter ‘Offences and Penalties’ of the Act for unlawful import, export,transport, manufacture and possession etc. of any intoxicant.
In order to strengthen the Section 61(1) (v) of thePunjab Excise Act 1914, the limit of foreign liquor has been reduced to TwentySeven Bulk litres from Ninety bulk litres. At present, as per any person who unlawfully imports, exports, transportsany foreign liquor exceeding Ninety Bulk Litres on which duty has not beenpaid, shall be punishable with an imprisonment not less than two years and afine not less than two lacs of rupees. It has been found that in most of thecases the volume of foreign liquor transported is less than Ninety bulk litres.