If you are stuck in such a situation, here is what to do.
Mr. Alok Verma, a resident of the city of Adityapur in the state of Dakshin Pradesh, was travelling to visit his family in the state of Aryavarta. The state of Aryavarta has a strict prohibition law, making the import, possession, and consumption of alcohol a serious offense. While crossing the state border at a checkpoint near the town of Vikrampur, his luggage was inspected by officers from the State Excise Department. During the search, they discovered two bottles of foreign liquor that Mr. Verma had purchased in Dakshin Pradesh for personal consumption, unaware of the severity of the law. He was immediately taken into custody, and the liquor was seized. His family was informed that he would be produced before the magistrate the next day for a remand hearing.
Advice in such cases
Navigating the legal system in a state with stringent prohibition laws can be daunting. Here is some immediate advice:
Remain Calm and Cooperative: Do not argue with the arresting officers or resist arrest. Being cooperative can prevent additional charges and complications.
Do Not Make a Confession: You have the right to remain silent. Do not sign any documents or make any verbal statements without understanding them fully and preferably without legal counsel present.
Arrange for Legal Representation Immediately: The most critical step is to hire a competent local lawyer who specializes in excise cases. They will know the specific procedures and nuances of the local courts and laws.
Gather Documentation: Keep all documents related to the arrest, such as the seizure memo (japti list) and any other notices provided by the authorities, safe and provide them to your lawyer.
Bail Application: Your lawyer’s immediate priority will be to file a bail application. Be prepared for the financial requirements for bail bonds and legal fees.
Applicable Sections of Law
In states with total prohibition, such as the fictional “Aryavarta,” the primary law governing such offenses is the state’s specific Prohibition and Excise Act, for instance, the “Aryavarta Prohibition and Excise Act.” While the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, governs the general criminal procedure for investigation and trial, the substantive offense is defined under the state act.
Key provisions in such state acts typically include sections that penalize:
Possession of Liquor: Making it an offense to possess any quantity of alcohol.
Import of Liquor: Criminalizing the act of bringing liquor into the state from outside its borders.
Consumption of Liquor: Prohibiting the consumption of alcohol within the state’s territory.
These offenses are often non-bailable in the first instance, meaning bail is not a right and is granted at the discretion of the court. The penalties can be severe, including mandatory imprisonment and hefty fines, even for possessing small quantities.
If you are the complainant
In excise cases, the complainant is the State, represented by the Excise Department or the Police. If you are a friend or relative of the accused, your role is to support them by:
Engaging Legal Help: Your primary responsibility is to find and hire an experienced lawyer to represent the accused.
Arranging Sureties for Bail: If the court grants bail, you may need to arrange for local sureties and the security amount (bail bond) as stipulated in the bail order.
Moral and Logistical Support: Provide support to the accused, attend court hearings, and coordinate with the lawyer.
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think
If you are the victim
In this context, the “victim” is the person accused of the crime. If you find yourself in this situation:
Exercise Your Rights: You have the right to be informed of the grounds of your arrest and the right to legal representation. Insist on speaking to a lawyer.
Follow Your Lawyer’s Advice: Do not take any steps, such as speaking to the authorities or other inmates, without consulting your lawyer. Your defense strategy depends on the facts and legal advice.
Be Patient: The legal process takes time. Bail may not be granted immediately, and the case will proceed through the courts. Patience and trust in your legal counsel are key.
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think
How the police behave in such cases
The Excise Department or the Police in states with prohibition are under pressure to enforce the law strictly. Their behaviour and procedure usually follow a set pattern:
Immediate Arrest and Seizure: Upon finding liquor, they will immediately arrest the individual and seize the contraband. A seizure memo will be prepared on the spot, which is a crucial piece of evidence.
Production before Magistrate: The accused must be produced before the nearest magistrate within 24 hours of arrest, as mandated by the BNSS.
Investigation: They will send the seized substance to a forensic lab for chemical analysis to confirm it is liquor. They will record statements of the arresting officers and any independent witnesses.
Filing of Complaint/Chargesheet: Once the investigation is complete, they will file a formal complaint or chargesheet in the court, initiating the trial.
FAQs people normally have
Will I get bail?
Bail in such cases is not guaranteed and depends on the court’s discretion, the quantity of liquor seized, the accused’s criminal history, and the arguments made by the lawyer. In many prohibition states, getting bail can be difficult and may take time.
What are the penalties if convicted?
Penalties are severe and are prescribed under the state’s Excise Act. They can range from a minimum mandatory prison sentence (e.g., five years) to longer terms, along with substantial fines (e.g., up to ₹1 lakh or more).
Will this result in a permanent criminal record?
Yes, a conviction under the Excise Act is a criminal conviction and will result in a permanent criminal record, which can have long-term consequences on employment, travel, and other aspects of life.
What evidence is required?
The prosecution primarily relies on the following evidence to secure a conviction:
The Seizure Memo: The document prepared at the time of recovery, detailing the place, time, and items seized. The signatures of independent witnesses on this memo are important.
Forensic Lab Report: The chemical analysis report confirming that the seized substance is liquor and specifying its strength.
Testimony of Witnesses: The statements of the arresting officers and any independent witnesses who were present during the search and seizure.
Chain of Custody: Evidence to show that the seized sample was kept sealed and untampered from the moment of seizure until it reached the forensic lab.
How long will the investigation take?
The investigation timeline can vary. It depends on how quickly the forensic lab provides its report, which can sometimes take several months. However, many states have set up special courts to expedite trials for excise offenses, so the process from arrest to the filing of the chargesheet may be relatively quick, often within 60 to 90 days.
Advocate Sudhir Rao, Supreme Court of India