Himachal Pradesh Sets National Precedent with Property Confiscation under Excise Act

Shimla, 10 December: In a landmark move, Himachal Pradesh has become the first state in India to include property confiscation under the Excise Act, setting a new national standard in the fight against illegal liquor trade. With the approval of the Governor, the Himachal Pradesh Excise Amendment Bill 2024 has been officially notified in the state gazette, ushering in stringent measures aimed at eradicating the production and sale of substandard, illegal, and harmful liquor.

Stringent Penalties and Broad Enforcement Powers

The newly amended law introduces severe penalties for offenders involved in illicit liquor activities. Offenders can now face imprisonment ranging from three to five years along with hefty fines ranging from ₹50,000 to ₹5 lakh. Moreover, the law expands the reach of enforcement by empowering District Deputy Commissioners to take immediate action against violators. Those found aiding or abetting the illegal liquor trade will also face strict consequences, reinforcing the government’s commitment to tackling this issue from all angles.

The amended law applies to all individuals involved in various stages of the liquor trade, including its production, manufacturing, import, export, and transportation. This comprehensive approach also targets those utilizing materials, equipment, and furnaces in the production of illicit alcohol, leaving little room for escape from the law.

A New Era in Enforcement: Commando Force and Non-Bailable Offenses

To ensure effective enforcement of the new regulations, a dedicated Commando Force will be deployed within the Excise Department on a secondment basis, enhancing the state’s ability to deal with illicit liquor operations swiftly. Furthermore, the state government has made a bold move by designating the crime as a cognizable and non-bailable offence under the Criminal Procedure Code (CrPC), allowing authorities to make arrests without warrants. This shift represents a significant departure from previous policies, where similar stringent measures were absent.

Property Confiscation: A Groundbreaking Step

One of the most groundbreaking aspects of the new law is its provision for the confiscation of property connected to illegal liquor activities. This feature places Himachal Pradesh at the forefront of the fight against illegal liquor trade in India, as no other state currently includes property confiscation under the Excise Act. Typically, such actions fall under the Police Act, but the lack of similar provisions in many states has hindered the ability to take effective action against the illegal liquor industry.

Legislative Support and Public Health Focus

The bill was passed during the Assembly Monsoon Session in September, and its implementation reflects the state’s determination to improve public health by regulating the liquor industry more strictly. Officials from the government have emphasized that these new regulations aim to significantly reduce the harm caused by illegal liquor and ensure that public safety and well-being are prioritized.

With the inclusion of property confiscation and a toughened legal framework, Himachal Pradesh has taken a bold step in combating the trade of illegal alcohol. This historic move not only sets a national precedent but also underscores the state’s unwavering commitment to protecting the health and safety of its residents.