Drinking in public places will invite stricter punishment and penalties in Haryana.“The State Government has notified that no person shall consume liquor at a place which has not been so licensed or authorized under the Punjab Excise Act, 1914, except at one's dwelling house. Therefore, consumption of liquor on or along the road or in a park/garden/market, or a river side etc. shall be an offence,” said Haryana Excise and Taxation Minister, Capt. Abhimanyu on Tuesday.
The consumption of liquor in a vehicle, whether running or parked, shall be an offence. In case of any violation, an excise officer, not below the rank of an Assistant Excise and Taxation Officer (Excise), would detain the offender, liquor and the vehicle, if any and would forward the case, within 24 hours of such detention, to the Deputy Excise and Taxation Commissioner (Excise)-cum-Collector of the district.The Minister said that the Collector might either refer the case to the Court for trial or dispose of the case himself by imposing a fine of `5,000 per person for the first offence, `10,000 per person for the second and every subsequent offence.
No penalty would be imposed without affording a reasonable opportunity to the offender or persons concerned who are suspected to have committed the said offence, including the owner or occupier of the premises and owner of the vehicle.
In case the offender is also found of having created nuisance after consumption of liquor, the case shall be referred to the Court for trial. The Collector, after taking such evidence as the person may produce and after making such enquiry, as he may deem proper, on being convinced and satisfied that offence was committed under the Act, shall determine the amount of penalty recoverable from the offender or person concerned.
Capt. Abhimanyu said that the Collector shall pass order for confiscation of liquor/vehicle under Section 78. The offender may be released by the Collector on his furnishing sureties/securities to his satisfaction. However, if the offender is willing to pay the amount of penalty to be determined by the Collector, the offender shall be released immediately on realization of penalty.
In case offender fails to disclose his true identity and furnish surety/security, as may be determined by the Collector, he may refer such case to court having jurisdiction for trial.
As per the notification, if an aggrieved person has presented an appeal, the collector may, in his discretion, treat such person as not being in default so long as the appeal remains pending. The amount of penalty which remains unpaid after the date specified in the notice or on the expiry of the date extended subsequently, shall be recoverable by auction, arrest or attachment of the property of the persons from whom the same are due or as an arrears of land revenue, he added.
The Collector may also confiscate the means of transport used in the commission of the offence and the liquor. The Collector shall put to auction the confiscated means of transport and the amount received from such auction shall be adjusted towards the payment of penalty after deducting the expenditure incurred during the process of auction.
While the excess amount from auction, if any, shall be refunded to the owner of the means of transport, the confiscated liquor shall be destroyed under the supervision of the Deputy Excise and Taxation Commissioner, added the Minister.