Gazette Reference: Not explicitly provided in the visible text, but referenced as Circular No. DiEET-112016/[number]/Mumbai, dated 29th January 2016, and circular forwarded by Divisional Deputy Commissioner, Nashik Division dated 35th January 2016 (appears to be 25th or 5th February 2016)
Type: Commissioner's Circular — Enforcement Policy Directive (Non-Fee)
Authority: Bombay Prohibition Act, 1948, Sections 54/56 (License suspension/cancellation powers)
Subject: Mandatory Destruction of Empty IMFL Bottles — Prevention of Reuse for Counterfeit Liquor
SUMMARY
This is an enforcement circular issued by the Commissioner of State Excise, Maharashtra, addressing non-compliance with previous directives regarding the destruction of empty imported foreign liquor (IMFL) bottles. The circular does not amend rules or fees but imposes strict operational mandates on license holders and enforcement officers.
KEY DIRECTIVES
Problem Identified:
- Counterfeit liquor operations have been discovered where empty bottles of high-end foreign liquor (Scotch, single malt whisky, tequila, etc.) from licensed premises (FL-II/FL-III licenses, five-star hotels, restaurants) are being reused to manufacture fake liquor
- Previous circular (DiEET-112013/2970/69/95) was not properly followed by Superintendents or license holders
- Revenue loss to the State due to high excise and sales tax rates on genuine IMFL being circumvented through counterfeiting
Mandatory Actions for License Holders:
- Destruction of empty bottles must occur in the presence of jurisdictional Excise officers (field-level enforcement staff)
- Proof of destruction (video or photographic evidence) must be submitted to the Divisional Officer
- Non-compliance will result in license suspension or cancellation under BPA Sections 54/56
Mandatory Actions for Excise Officers:
- Superintendents must issue clear destruction instructions to all FL-II, FL-III, and CL-III license holders in their jurisdiction
- Executive Inspectors and Sub-Inspectors must verify compliance during routine license inspections and record observations in visit registers
- Monthly district-level meetings must review destruction compliance reports
- Departmental action to be taken against officers failing to enforce the circular
Enforcement Mechanism:
- License inspections must specifically verify bottle destruction records
- Non-compliant licenses face immediate suspension/cancellation proceedings
- Commissioner and Director will review compliance in Superintendent review meetings
EFFECTIVE DATE
Immediate effect from date of issuance (29th January 2016, forwarded by Nashik Division on 5th February 2016 approximately)
PRACTICAL IMPACT
This circular does NOT change:
- License fees
- Application procedures
- Eligibility criteria
It DOES mandate:
- Operational protocol change: Empty high-value IMFL bottles must be destroyed under official supervision
- Evidence retention: Photo/video documentation required
- Inspection focus: Compliance with destruction protocol becomes mandatory inspection checkpoint
- Penalties: Non-compliance triggers license cancellation under BPA Sections 54/56
Target Licenses: Primarily FL-II (permit room), FL-III (restaurant), FL-IV (hotel), and five-star hotel licenses selling imported/foreign liquor.