Illegalities caused loss of crores of rupees to exchequer
Role of insiders too being probed for stern action
Mohinder Verma
JAMMU, Apr 9: Tightening noose around the liquor mafia, the Excise Commissioner J&K has ordered an enquiry into illegal issuance and renewal of liquor licenses, the practice which was going on during the past many years and has caused loss of crores of rupees to the Government exchequer.
Moreover, the role of some officials of the Excise Department in the large scale illegalities is also being probed to identify the touts of the liquor mafia and to take stern action against them. This step is in line with the initiative of the J&K UT administration to improve the functioning of the departments.
Official sources told EXCELSIOR that Excise Commissioner J&K Rajesh Kumar Shavan during the routine scrutiny of records of the Excise Department found that several licensees have transferred the licenses in blatant violation of the J&K Excise Act, 1958 and Liquor Licensing and Sale Rules, 1984 and the subsequent terms and conditions of the licenses.
It has also been noticed that the basic conditions of the licenses have been violated and in utter breach of Rules some liquor vends have been allowed to continue illegally with impunity and support of certain insiders of the Excise Department.
“In certain cases it has been found that the multiple licenses have been managed by the liquor mafia in blatant violation of the provisions of the J&K Excise Act by running proxy as a result of which not only loss of crores of rupees is being caused to the Government exchequer but it is becoming difficult for the Excise Department to enforce the regulations of trade in strict and transparent manner as envisaged under the Excise Act and Rules”, sources further said.
Taking serious note of all these illegalities, the Excise Commissioner has ordered detailed enquiry in order to set right the records on one hand and to find out the delinquent officials on the other hand. “This step will also help in ensuring smooth functioning of the department”, sources said.
As per the Order No.02 dated April 8, 2020, the Deputy Excise Commissioner (Executive) Jammu has been directed to inventorize all files of each licensee category-wise viz manufacturers, bottlers, shops, bar with restaurants and bar with hotels/banquets etc.
He has further been asked to make a detailed list of the defaulters who have violated the terms and conditions of the licenses and also enlist separately the convicted licensees, if any, for any offence either under the Excise Act or any other law.
The Deputy Excise Commissioner (Executive) has further been asked to conduct administrative inspection of the relevant sections in the Excise Department.
Rule 8 of Liquor Licensing and Sale Rules, 1984 states: “A license may only be granted to an individual, a body incorporated under the Companies Act, 1956, a society registered under Jammu and Kashmir Cooperative Societies Act and a partnership or a firm”.
However, first proviso of Rule 8 read: “Not more than one license in Form JKEL-2 shall be granted to any individual or partnership firm”. Similarly, 2nd proviso of this Rule states: “The licensee shall be fit to conduct the license himself and shall not run it by proxy”.
However, violation of both these provisions of Rule 8 has been noticed and it has come to the fore that some insiders were maintaining blind eye towards blatant violation of this Rule just to obtain undue benefits from the liquor mafia, sources informed.
As per the sources, violation of Rule 21 has also been noticed. This Rule read: “Every person taking out a license under the Excise Act may be required to execute a counterpart agreement in conformity with the tenor of his license and to give such security for the performance of his agreement as the Commissioner may require”.
It is pertinent to mention here that Excise Commissioner enjoys the powers to recall licenses as defined under Rule 22 of Liquor Licensing and Sale Rules, 1984. As per this Rule, Excise Commissioner may cancel or suspend any license or permit granted under the Act, if any, fee or duty payable by the holder thereof be not duly paid; in the event of any breach by the holder of such license or permit or by his servants or by any one acting with his express or implied permission on his behalf, of any of the terms or conditions of such license or permit; if the holder thereof is convicted of any offence against this Act or any other law in force relating to excise revenue or of any cognizable or non-bailable offence etc.
The Deputy Excise Commissioner (Executive) has been directed to complete the exercise in the shortest possible time-frame so that action as per the provisions of the Excise Act is taken against the liquor mafia, sources said, adding “if the enquiry is taken to its logical conclusion the liquor mafia will suffer a major blow and Government revenue will increase considerably”.
It is worthwhile to mention here that J&K Union Territory Government is continuously trying to improve the working of each department, Public Sector Undertaking and the Corporation. Moreover, Lieutenant Governor Girish Chandra Murmu is himself reviewing the working of each sector.
Resultantly, there has been improvement in certain departments and general public is feeling altogether different scenario in the administration.
Follow our WhatsApp channel
