EXCISE MANUAL VOLUME II (PT-IV) Concerned Circular

Poison Shop Inspections (Para 221):

• Assistant Inspectors and above empowered to inspect premises where poisons sold
• Can inspect poison stocks and registers under Poisons Act, 1919 Rules

Administrative Procedures:

Visit Book Requirements (Para 225-226):

• Opening page each year must show:
  • Licensee name, approved servants
  • License fee, instalment payments (challan numbers/dates)
  • Minimum stock, ration (for CL shops)
  • Whitewashing/cask painting dates
  • Exemptions granted
  • All irregularities entered in visit book (except confidential matters)
  • Thermometer/hydrometer readings for every cask/jar tested
  • Confidential matters (overcharging, short measure, credit sales) recorded in officer's private confidential note-book

  Reporting Protocols (Para 227-230):

  • Serious breaches: Report to Superintendent using prescribed form (name, particulars, license condition broken, explanation, remarks)
  • Minor breaches (whitewashing delay, temporary stock shortage): Record in visit book, set rectification deadline — no immediate report unless deadline missed
  • Closed-day sales: Collector should "normally consider license cancellation" not mere composition fine of Rs.10-15

  Drunkenness Control (Para 222):

  • License Condition 18: "No drunkenness shall be allowed in or near shop"
  • Officers must strictly enforce — not just a police matter
  • Targets: Keep shops decent, protect self-control-challenged public
  • Especially critical where price-cutting encourages excessive drinking

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  Section B: DETECTION OF CRIME (Paras 231-239)

  Type of Guidance: Crime Investigation Principles and Techniques

  Core Principles:

  1. Mandatory Duty Despite Difficulties (Para 231):

  • Detection work must continue despite villager hostility, informer scarcity
  • "Officers paid for doing detective work" — it must be done though difficult/risky
  • Superintendents report officers who slacken in detective duty

  2. Inter-Officer Cooperation (Para 232):

  • Complete cooperation between all excise officers mandatory
  • Limited force strength requires mutual assistance
  • Case cited: Senior Inspector reduced in rank for failing to assist brother officer
  • Failure to cooperate = severe punishment

  3. Village Officer Obligations (Para 233):

  Under BPA Section 39, village officers MUST:

  • Give immediate information of excise offenses
  • Take reasonable measures to prevent offenses they know about
  • Assist excise officers in enforcement

  Penalty: BPA Section 52

  Under Village Police Act Section 6, Police Patils MUST:

  • Prevent commission of offenses generally
  • Detect and bring offenders to justice
  • Can require all village servants to aid (Section 7)

  Penalty: Village Police Act Section 9

  Problem identified: Village officers indifferent, many connive with illicit distillers

  Action Required:

  • Collectors to issue special instructions to village officers
  • Excise staff to immediately report non-compliance to Superintendents
  • "Suitable punishment penal or departmental" to be enforced

  4. Information Standards (Para 234):

  • "Reason to believe" (BPA Section 36(b)) = "sufficient cause to believe" (IPC Section 26)
  • Information regarding offenses taken in writing whenever practicable
  • If time allows, make independent inquiries before acting
  • Exercise care with oral allegations (may be malicious)

  Detection Techniques:

  Illicit Distillation (Para 235):

  • Generally attempted in isolated villages
  • Information leaks from distiller's quarrels or customers
  • Key indicator: Licensed shop sales suddenly/unaccountably drop → customers likely supplied from illicit source
  • Watch districts with abundant materials: molasses, hivra bark, mhowra flowers, sugarcane juice, toddy, dates, figs
  • Best evidence: Catch distiller in act OR find person with still + illicit liquor + manufacturing articles

  Connecting Suspects to Contraband (Para 236):

  Legal Basis:

  • BPA Section 43(1)(h) punishes three distinct offenses:
    1. Uses materials/still
    2. Keeps materials/still (even if not in possession)
    3. Has in possession materials/still
    4. Each offense prosecutable independently

    Identification Methods:

    Alcoholic Odor Test:

    • Implements used for distillation have alcoholic odor
    • Distinguishes from gudaku (hookah mixture) or cattle-food boiling
    • Include odor findings in Panchnama

    Still Components (See diagram in text):

    • A: Boiler (earthen/copper pot/kerosene tin) — often washed, kept in house
    • B: Condenser/"Nan"/"Chadava" (earthen, open both ends) — incriminating, hidden in open places
    • C: Brass chatty with cold water — washed, kept in house
    • D: Wooden "Chattu" inside B — incriminating, hidden
    • E: Mud-plastered pipe — incriminating, hidden
    • F: Receiver bottle — washed, kept in house

    Circumstantial Evidence - Footpath Analysis:

    • Distillers select one secluded hiding place for contraband
    • Repeated trips create beaten track/footpath
    • Critical evidence: Footpath starting from suspect's house → terminating at contraband location
    • Proves "keeping" under Section 43(1)(h)
    • Must be documented in Panchnama

    Physical Evidence - Steam Mark:

    • Brass chatty (C) used as condenser shows circular steam mark on bottom
    • Caused by alcoholic vapor discoloring metal
    • Distinguishes distillation use from domestic use

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    Section C: RAIDS, SEARCHES AND ARRESTS (Paras 240-260)

    Type of Guidance: Operational Procedures for Enforcement Actions

    Authorization and Identity:

    Powers (Para 240):

    • Excise officers empowered to investigate offenses under Abkari Act

    Identity Proof (Para 241-242):

    • Officers provided taken books with photographs
    • Constabulary staff provided taken cards for identity proof

    Police Assistance (Para 243-244):

    • Officers may requisition police assistance
    • If multiple officers involved: Senior officer must conduct operation
    • Prevents confusion, ensures command clarity

    Raid Procedures:

    Precautions (Para 245):

    • Proper arrangements before effecting raids
    • [Specific details in full gazette but truncated in excerpt]

    Use of Force:

    Assault Powers (Para 246):

    • Excise officers have powers to respond to assaults

    Firearms Use (Para 247-249):

    • Directions exist for firearm use in arrests
    • Guidance on use in assault cases
    • Prohibition: Private arms should NOT be taken on raids in addition to government arms

    Reporting (Para 250):

    • Assault cases immediately reported to:
      • Commissioner of Excise
      • District Magistrate

      Special Locations:

      Viramgam Railway Station (Para 253):

      • Special search procedures

      Military Lines (Para 254):

      • Must seek Officer Commanding Unit's assistance before entering military lines for search

      Documentation:

      Panchnama Requirements (Para 257):

      • Precautions in drawing panchnama [specific hints in full text]

      Sealing (Para 258):

      • Excisable articles seized must be sealed

      Reporting (Para 259-260):

      • Preliminary and Final reports sent to Superintendents
      • Case diaries: Subordinate officers submit to Superintendents

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      KEY POLICY THEMES

      1. Prevention over Inspection: Fundamental shift from revenue-collection mindset to crime-prevention enforcement

      2. Intelligence-Led Operations: Emphasis on surprise, intelligence-gathering, analysis over routine

      3. Village-Level Networks: Mandatory engagement of police patils and village servants as force multipliers

      4. Scientific Evidence: Hydrometer testing, chemical analysis, physical evidence documentation

      5. Strict Accountability: Officers judged by detection success; village officers prosecuted for non-cooperation

      6. Public Health Priority: Adulteration controls (chloral, opium), drunkenness prevention, hour restrictions

      7. Inter-Agency Coordination: Police, Revenue, Forest Department cooperation

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         Effective Date: Not specified (ongoing operational manual)

         Authority: Commissioner of Excise under Bombay Prohibition Act (Bombay Abkari Act, 1878)

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         Note: This is a departmental operational manual, not a legislative amendment. It represents administrative circulars and standard operating procedures compiled for field officers conducting enforcement, inspection, and investigation under Maharashtra's excise laws. The manual consolidates decades of Commissioner's circulars and Government Resolutions into unified guidance document.