MAHARASHTRA EXCISE DOCUMENT ANALYSIS

Document Type: Government Resolution (GR) / Administrative Circular

Reference Number: व्हीआयपी-0723/प्र.क्र.91/पोल-13 (VIP-0723/Pr.Cr.91/Pol-13)

Issued By: Government of Maharashtra, Home Department (गृह विभाग)

Date of Issue: 14 March 2024

Effective Date: From date of publication (14 March 2024)

Digital Reference Code: 202403141631108429

Website: www.maharashtra.gov.in

IMPORTANT NOTE ON DOCUMENT SCOPE

This document is NOT related to Maharashtra Excise Law (Bombay Prohibition Act 1949, Bombay Foreign Liquor Rules 1953, Maharashtra Country Liquor Rules 1973, or any liquor/alcohol regulation).

This is a Law and Order / Police Administration circular issued by the Home Department concerning:

• Security of jewellers and goldsmith businesses (सराफाांच्या सुरक्षा)
• Prevention and investigation of theft of precious metals and jewellery
• Procedures for police officers conducting investigations
• Guidelines for jeweller cooperatives and traders

DOCUMENT SUMMARY

This Government Resolution establishes comprehensive guidelines for investigating theft of precious metals and jewellery (gold, silver) from jewellers' shops and goldsmith establishments across Maharashtra. It mandates the creation of three-tier expertise committees (State-level, Police Commissioner-level, and District-level) to address jeweller grievances and streamline investigation procedures. The circular provides detailed instructions for investigating officers to conduct fair, transparent inquiries while protecting innocent business owners from harassment, and simultaneously ensures accused perpetrators face appropriate punishment. It also prescribes conduct guidelines for jeweller traders to assist police through proper documentation and cooperation.

KEY PROVISIONS

A) INSTRUCTIONS FOR INVESTIGATING OFFICERS (तपास अवधकाऱयाांसाठी सूचिा)

1. Establishment of Expertise Committees (दक्षता सवमती):

   • Constitute "State-level Expertise Committee" (राज्यसतरीय दक्षता सवमती) at Police Commissioner Office level
   • Constitute "Expertise Committees" (दक्षता सवमती) at each Police Commissioner Office and District level
   • State-level Committee meetings: Once per year
   • Police Commissioner and District-level Committee meetings: Once every three months

2. Investigation Procedures:

   • Conduct detailed inquiry before the magistrate regarding the stolen items once accused is arrested for theft
   • In the First Information Report (FIR), provide comprehensive description and weight of stolen items
   • Maintain logbook in all jeweller shops noting:
     • Purpose of police officer's visit
     • Information regarding case under investigation
     • Obtain jeweller's signature on logbook

3. Participation and Jurisdiction:

   • Only police officials bound by law shall participate in search and seizure proceedings
   • For investigation outside the precinct/jurisdiction: Obtain guidance from District Police Superintendent-appointed Expertise Committee before visiting the shop directly
   • Maintain confidentiality of investigation while Expertise Committee assists investigating officer as needed

4. Seizure and Documentation Procedures:

   • Before taking stolen goods into custody, investigating officer must inform:
     • Police Station In-charge of relevant police station
     • Police Commissioner (if in Commissioner jurisdiction)
     • District Police Superintendent or Police Inspector, Local Crime Branch (if in district jurisdiction)
   • After entering jeweller's shop, investigating officer shall provide jeweller with:
     • FIR / Crime-related information
     • Photocopied copies / information of property recovered from accused
     • This enables jeweller to cross-verify records and furnish detailed information to police

5. Recording Statements:

   • Police shall record jeweller's statement preferably at the jeweller's own shop
   • Do not force jeweller to come to police station

6. Pre-Arrest Investigation Standards:

   • Conduct complete preliminary inquiry to confirm jeweller's involvement in crime
   • Arrest only when sufficient evidence is available and arrest becomes necessary for investigation
   • Record exact date and time of arrest in case records

7. Search and Seizure Procedure:

   • Police shall conduct search at the spot without obtaining panchanama (panchayat witness document)
   • Where possible, verify documentary evidence of goods at the location
   • Seize only original relevant documents as evidence
   • Allow authorized persons by jeweller associations OR two local witnesses to be present during search
   • Prepare proper panchanama and immediately provide copy to jeweller at shop itself, obtain signature

8. Documentation of Associated Persons:

   • Maintain separate logbook recording basic information (name, address, mobile number, etc.) of:
     • Workers associated with jeweller
     • Other persons connected with jeweller business

9. Indian Penal Code Section 411 Procedures:

   • Exercise appropriate caution when taking action under IPC Section 411 (possession of stolen property)
   • If jeweller is found not to have received stolen property for wrongful purpose, use jeweller as witness against accused (not as accused)

10. Professional Conduct with Cooperative Jewellers:

    • Investigating officers shall not treat cooperative jewellers like criminals
    • Expected professional conduct of highest quality when jeweller cooperates in investigation

B) INSTRUCTIONS FOR JEWELLER TRADERS (सराफ व्यािसावयकाांसाठी सूचिा)

To ensure transparency in police investigation and prevent arbitrary harassment, jeweller traders shall comply with:

1. Registration of Basic Information:

   • Maintain updated basic information (name, address, mobile number, etc.) of:
     • All persons engaged in gold-silver trade throughout jewellery market
     • Pledge-holders
     • Goldsmiths
     • All other persons engaged in related work
   • Submit to relevant police station

2. Customer Identification and Recording:

   • When customers arrive to:
     • Sell gold-silver items, OR
     • Pledge items, OR
     • Engage for work
   • Obtain authorized ID photocopies from customers
   • Maintain separate logbook with customer details

3. Reporting Suspected Criminal Items:

   • If suspected criminal brings gold-silver items to sell, immediately inform:
     • Relevant police station, OR
     • Crime branch, OR
     • Local crime branch
   • Provide information without delay

4. CCTV Installation:

   • Install and maintain updated CCTV equipment around shop premises for security purposes (as far as possible)

5. Response to Police Inquiry (Point A.8 Related):

   • When investigating officer questions jeweller regarding investigation, jeweller shall furnish detailed disclosure within five days from date of questioning

6. Cooperation in Recovery:

   • When stolen goods are recovered and suspect jeweller/store is identified where goods were sold:
     • Concerned jeweller/employee
     • Concerned jeweller association office-bearers/members
   • Shall cooperate with police in taking custody of goods

DISTRIBUTION / IMPLEMENTATION

Copies distributed to:

1. Opposition Leader, Legislative Assembly / Legislative Council, Maharashtra Legislative Assembly, Mumbai
2. Chief Minister's Principal Secretary, Ministry, Mumbai
3. Deputy Chief Minister's Secretary
4. Police Commissioner General, Maharashtra State, Mumbai
5. Governor's Secretary, Raj Bhavan, Malabar Hill, Mumbai
6. Principal Secretary, Maharashtra Legislative Assembly Secretariat, Mumbai (5 copies)
7. Director General, Information and Public Relations Directorate
8. All Ministers' / State Ministers' Private Secretaries
9. Chief Secretary's Office, Ministry, Mumbai
10. All Special Police Inspector Generals
11. All District Police Superintendents / Police Commissioners
12. File (Pol-13)

REFERENCED PRIOR CIRCULARS

This GR references and consolidates prior Police Commissioner Office circulars:

1. Circular No. पोमसां/23/54/सराफी तक्रारी/927/2009, dated 19 August 2009 and 6 September 2009
2. Circular No. पोमसां/23/54/सराफाांिरील दरोडा/919/2010, dated 27 September 2010
3. Circular No. पोमसां/23/54/सराफाांिरील दरोडा/852/2011, dated 3 March 2012
4. Circular No. पोमसां/23/54/सराफाांिरील दरोडा/852/2011, dated 10 August 2012
5. Circular of Police Superintendent, Akola, No. सथागुशा/गुन्हे/सिणग-दक्षता कवमटी/15980/2012, dated 27 November 2012

IMPORTANT NOTES

1. NOT EXCISE-RELATED: This document concerns law and order / police administration for jewellery theft prevention — it is NOT related to liquor/alcohol regulation under the Bombay Prohibition Act 1949 or subsidiary Excise rules.

2. JURISDICTION: Applicable to all police stations, police commissioners, and district police superintendents across Maharashtra State.

3. TRANSPARENCY & FAIRNESS OBJECTIVES:

   • Protect innocent jeweller traders from arbitrary police harassment
   • Ensure criminals receive appropriate punishment
   • Establish structured committees for grievance redressal
   • Mandate documented, transparent investigation procedures

4. DIGITAL AUTHENTICATION: Document digitally signed and published on www.maharashtra.gov.in with reference code 202403141631108429

RELATED LEGISLATION/REFERENCES

• Indian Penal Code (IPC) Section 411: Dishonestly receiving stolen property
• Criminal Procedure Code (CrPC): Investigation and seizure procedures referenced implicitly

This analysis is complete. The document contains NO fees, license types, or excise-related provisions.