BY OUR STAFF REPORTER
GUWAHATi, Feb 21: Public drinking of alcohol is completely prohibited in Assam from today. Of course, you can drink in public and sweetly slide behind the bars. That's official! The State Assembly unimously put its stamp on the Assam Excise (Amendment) Bill 2018 today. As a result, the origil law, the Assam Excise Act, 2000 stands amended. Two new sections of the amended Excise Act (mely Section 61- A and Section 61- B) have been inserted, making the consumption of alcohol in a public place punishable with a fine up to Rs 50,000 or/and imprisonment up to six months.
Section 36 has been amended to define a clear procedure for recovery of dues from the defaulters of excise revenue, while Section 53 (1), 54 & 55, which were bailable sections earlier, have been made non- bailable. All other bailable sections have been made bailable as per Code of Crimil Procedure Code, 1973.
Provision for pelty under Section 53(1) has been made more stringent and made punishable for a term up to three years and with fine up to Rs 5 lakh. Section 53(1) deals with the matter relating to pelty for unlawful import, export, transport manufacture, possession, sale etc.
Pelty provisions for punishment under Section 54 has been made punishable with imprisonment for a term of up to three years and with a fine of Rs five lakh. Section 54 deals with unlawful possession in certain cases such as duty-evaded intoxicants etc.
Pelty provision under Section 55 is now punishable with imprisonment for a term of up to five years and with fine up to Rs 2 lakh. Section 55 deals with pelty for altering or attempting to alter any detured spirit that may be used for human consumption.
Fine for breach of Section 58(a) has been enhanced to Rs 50,000. Fine for breach of Section 58(b) is now Rs 5 lakh. Section 58 deals with pelty for breach of conditions of licence etc.
Section 58-A, which deals with pelty for non-payment of duty or fee, has been newly inserted, making the offence for non-payment of duty or fee punishable with imprisonment for a term of three years and with a fine up to 300 per cent of the duty, fee or other levies due from the licence holders.
A new Section, mely 64-A, has been inserted to make provision to try offences and making punishment provisions for offences by companies.
Section 76 has been amended to ratiolize the power to compound the bailable offences under this Act and to introduce procedure for seizure of vehicles etc. This apart, in case the licence-holder commits the same offence for the second time, his compounding fee will be double of the amount paid for his same offence committed earlier.
According to the Excise Department, punishment provisions under the Assam Excise Act were not adequate in the present-day context of illicit liquor and non-duty-paid liquor which pose a significant threat of human life and also to the state exchequer. In order to curb such offences, it has become essential to bring some amendments.