If you are stuck in such a situation, here is what to do.

A young professional, Mr. Rohan, aged 22, was planning to travel from Vidyanagar to Rajdhani on a domestic flight operated by Navgagan Airlines. The legal age for consuming alcohol in Vidyanagar is 21 years. Mr. Rohan had received a miniature bottle of a premium spirit as a souvenir and wanted to carry it with him to Rajdhani. However, he was aware that the legal age for possessing or consuming alcohol in Rajdhani is 25 years. This created a dilemma for him: was he legally permitted to carry this small, sealed 50ml bottle of alcohol on his flight, considering the differing state laws and airline regulations?

Advice in such cases

Navigating the complex web of state-specific excise laws and central aviation rules can be confusing. Here is some general advice:

• The law of the destination state is paramount. When you land in a state, you are subject to its laws regarding the possession of alcohol, including the legal age and permissible quantity.
• Airlines have their own policies regarding the carriage of alcohol, which are in addition to the law. Generally, they permit carrying sealed bottles in checked-in baggage up to a certain limit (e.g., 5 litres per person), but this is always subject to the laws of the destination state.
• Carrying alcohol in cabin baggage is highly restricted due to security regulations concerning liquids, unless it is purchased from a duty-free shop at the airport.
• Even if the quantity is small, possessing it in a state where you are underage is a violation of that state’s Excise Act.
• 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.

Applicable Sections of Law

The regulation of alcohol is a state subject in India, meaning each state has its own laws. There is no single central law governing the possession of alcohol across the country.

• State Excise Acts: Each state, like the one where Rajdhani is located, has its own Excise Act. These acts define the legal drinking age, the permissible amount of alcohol an individual can possess without a permit, and the penalties for violations. For instance, the Rajdhani Excise Act would prohibit a 22-year-old from possessing any amount of alcohol.
• The Aircraft Rules, 1937: These rules, along with directives from the Bureau of Civil Aviation Security (BCAS), govern what can be carried on an aircraft. While they may permit the transport of alcoholic beverages under certain conditions (sealed, in checked baggage), this permission is always subject to compliance with local state laws at the point of departure and arrival.
• Bharatiya Nyaya Sanhita (BNS): While the primary offense falls under the State Excise Act, related issues like causing a public nuisance while intoxicated could potentially attract provisions of the BNS. However, for mere possession, the Excise Act is the specific governing law.

If you are the complainant

In this context, the “complainant” is typically the State, acting through its Excise Department or the police. An individual can also file a complaint if they witness the illegal sale or transport of alcohol.

• You can report the matter to the Excise Department or the local police station in the jurisdiction where the violation is occurring.
• Provide specific information about the person, the nature of the violation (e.g., underage possession, transport beyond permissible limits), and the location.
• 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

If you are the one found in possession of alcohol in violation of the law, you are considered the accused in the case. Here’s what you should do:

• Cooperate with the authorities but do not make any statement that could incriminate you. You have the right to remain silent.
• Do not try to argue aggressively or resist the officials, as this could lead to additional charges.
• Politely ask for the identity of the officials and the reason for the inquiry.
• Assert your right to speak with a lawyer before any formal proceedings or signing any documents.
• 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

At airports, checks are often conducted by the state’s Excise Department officials or the police. Their behaviour is generally professional and procedure-oriented.

• They may conduct random checks of baggage upon arrival, especially on flights from states with more liberal alcohol policies.
• If they find alcohol, they will first verify your age using a government-issued ID.
• If a violation is detected (e.g., you are underage for that state or carrying more than the permissible limit), they will confiscate the alcohol.
• They will draw up a seizure memo (panchnama) and may detain you for questioning.
• A case will be registered under the relevant section of the State Excise Act, which usually leads to a court appearance and payment of a fine.

FAQs people normally have

Here are some frequently asked questions in such situations:

• Which state’s law applies when I am flying? The laws of the state of departure, the state of arrival, and the airline’s policy all apply. However, the most critical is the law of the destination state, as you will be in possession of the item within its territory upon landing.
• Is it better to put alcohol in checked-in or cabin baggage? Due to security rules limiting liquids over 100ml, alcohol must be placed in checked-in baggage. The only exception is for alcohol purchased from duty-free shops after the security check.
• What happens if I am caught with a small quantity? Even a small quantity can lead to legal trouble if you are below the legal age of the destination state. The offense is the “possession” itself, not the quantity. The penalty, however, may be lenient for a minor violation, often just a fine.
• Can I just say it was a gift and I didn’t know the law? Ignorance of the law is generally not considered a valid legal defense. You are expected to be aware of the laws of the place you are traveling to.

What evidence is required?

For the prosecution (the State) to prove a case under the Excise Act, they would require:

• The seized alcohol bottle as the primary material evidence.
• A laboratory report confirming that the contents of the bottle are indeed alcoholic liquor.
• The seizure memo prepared at the time of confiscation, signed by witnesses.
• Your travel documents (ticket or boarding pass) to prove you transported it into the state.
• Your government-issued ID as proof of your age.

How long will the investigation take?

Investigations for such minor excise offenses are typically swift.

• The process of seizure, recording statements, and filing a case or report in court usually happens within a day or two.
• These cases are often handled by special metropolitan magistrate courts and are resolved relatively quickly, sometimes on the first day of appearance.
• The most common outcome for a first-time offense involving a small quantity is the imposition of a fine, allowing the matter to be closed without a lengthy trial.

Advocate Sudhir Rao, Supreme Court of India