Context:

• The Himachal Pradesh Assembly has recently passed significant amendments to the Himachal Pradesh Excise Act, aimed at combating the illicit liquor trade in the state.

Key Points:

• This legislative move comes in response to rising concerns about the dangers posed by illegal liquor production and sales, which have resulted in tragic incidents, including fatalities linked to spurious alcohol. The new provisions are designed to enhance penalties and introduce measures that empower law enforcement to act decisively against offenders.

Key provisions of the Amendment

Property seizure:

• One of the most notable aspects of the new legislation is the introduction of provisions allowing for the seizure of property belonging to individuals involved in illegal liquor activities.
• Himachal Pradesh has become the first state in India to implement such a measure, which extends not only to the offenders but also to their relatives and associates. This approach aims to deter individuals from engaging in illicit liquor trade by threatening their financial assets.

Enhanced penalties:

The amended law imposes stricter penalties for various offenses related to illicit liquor. For instance:

• Individuals found producing, manufacturing, possessing, importing, or transporting liquor in violation of the law can face imprisonment ranging from six months to three years, along with fines between ?50,000 and ?3 lakh.
• The law also stipulates severe consequences for mixing harmful substances with liquor, which could lead to death or disability, potentially resulting in life imprisonment and fines up to ?10 lakh.
• To further strengthen enforcement efforts, the new amendments classify these offenses as cognizable and non-bailable. This change allows law enforcement agencies to arrest suspects without a warrant and ensures that those charged cannot easily secure bail, thereby increasing accountability within the system.

Comparison with other states

While some states have enacted strict penalties for illegal liquor trade, they typically do not include provisions for property seizure. For instance:

• Punjab: The state has stringent laws against illegal liquor trade, including heavy fines and imprisonment, but does not allow for property confiscation as a penalty.
• Maharashtra: Similar to Punjab, Maharashtra has laws that impose severe penalties for illicit liquor production and sales but lacks provisions for seizing properties associated with offenders.
• Bihar: Bihar has implemented a complete prohibition on alcohol since 2016 and enforces strict penalties for violations; however, it does not include property seizure provisions.

Penalties and Enforcement

Under the new law, penalties for illicit liquor trade include imprisonment ranging from six months to three years and fines between ?50,000 and ?3 lakh. The offenses are classified as cognizable and non-bailable, allowing police to arrest without a warrant.

Other states' penalties:

• Tamil Nadu: The state has a robust enforcement mechanism against illegal liquor with severe penalties; however, the focus is more on fines and imprisonment rather than property seizure.
• Kerala: Similar to Tamil Nadu, Kerala imposes heavy fines and imprisonment but does not extend to confiscating properties related to illegal liquor activities.

Focus on minors

The new legislation also addresses the illegal sale of liquor to minors, imposing penalties that include imprisonment or fines. This aspect highlights a proactive approach towards protecting vulnerable populations from exploitation in the illicit liquor trade.

Other states' measures:

• Uttar Pradesh: The state has laws against selling alcohol to minors but lacks specific penalties that address this issue comprehensively compared to Himachal Pradesh.
• West Bengal: While there are regulations against selling alcohol to minors, enforcement is often inconsistent and does not carry the same level of legal repercussions as seen in Himachal's new law.