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2014 Supreme(Cal) 112

High Court of Judicature at Calcutta
ARUN MISHRA & JOYMALYA BAGCHI, JJ.
Basabi Raichoudhary & Another
Versus
State of West Bengal & Others
W.P. No. 168 (W) of 2012 (Appellete Side)
Decided on : 11-03-2014

Advocates appeared:
For the Petitioners:Subrata Mukhapadhyay, Sumit Sanyal, Malalika Bhoumic, Advocates.
For the Respondents:Bimal Chatterjee, Ld. Advocate General.

Judgment :

Joymalya Bagchi, J.

This public interest litigation was filed in the wake of unfortunate deaths of 65 persons and 150 persons falling ill after consuming illicit liquor from an illegal outlet in Sangrampur in the District of South 24-Parganas on 14th December, 2011. It has also been pleaded that apart from the aforesaid incident, there have been series of such incidents in the State of West Bengal resulting innumerable persons falling ill or dying due to consumption of illicit liquor.

Accordingly, prayer has been made for investigation by CBI into the aforesaid incident; for incorporation of appropriate provisions in Bengal Excise Act for exemplary punishment of culprits; formation of guidelines for compensation in such 2incidents; fixing responsibility of government officials directly or indirectly involved with the alleged inciden; demolition of hooch outlets in the State of West Bengal within a particular time frame and other incidental reliefs.

Affidavit-in-opposition has been filed on behalf of the respondents wherein it has been stated that the State government has announced compensation of Rs. 2,00,000/- (Rupees Two Lakhs) to the family members of the victims who have died in the aforesaid hooch tragedy. State had declared such incident as "disaster" within the meaning of Disaster Management Act, 2005. It has also been pleaded that steps have been taken to amend the provisions of Bengal Excise Act, 1909. Status report has been filed on behalf of the State respondents with regard to the criminal case being Morgahut P.S. Case No. 265/2011 dated 14.12.2011 under section 272/273/328/304/328/304/34 IPC and under section 46A/46B of Bengal Excise Act, 2009 registered in respect of the aforesaid incident wherefrom it appears that the accused persons have been arrested and put on trial in the instant case.

Report has also been filed by the Excise Commissioner, West Bengal dated 29.03.2012 wherefrom it appears that raids were undertaken in the area in question for demolition of illegal hooch dens, distillation spots, etc. In view of his failure to prevent such tragedy, Officer-in-Charge, Diamond Harbour Excise Circle has been placed under suspension in contemplation of disciplinary proceeding.

On 23.05.2013, further report was filed on behalf of the Excise Commissioner, West Bengal stating the following amendments have been made to the existing law and stringent provisions/penalties have been incorporated to curtail illicit production and sale of illicit liquor:

(a) In order to bring to book the manufacture and trading of illicit liquor, penal provisions of the Bengal Excise Act, 1909 has been made more stringent by an amendment of the Act vide Notification No. 1137-L dated 02.08.2012.

(b) All excise crime, concerning illicit liquor have been made non-bailable.

(c) A new section, namely, 46AA has been introduced, which has prescribed punishment for mixing of any substance in liquor or any intoxicating drug that is likely to cause disability or death to human beings are now punishable with imprisonment for life or imprisonment of either of the description for a term which may extended to ten years and with fine.

(d) The period of imprisonment, for offences, punishable u/s 46,46A and certain other penal provisions have been increased.

(e) Surveillance in the licensed Excise shops has been strengthened for preventing unlawful activities and composition money has been raised upto 3 lacs from its existing 50000/- to dissociate licensed vendors from excise crimes.

The entire excise administration of the State has also been revamped for prevention and effective control of manufacture, sale and consumption of illicit liquor:-

(a) Area of operation per excise officer/staff has been tightened and jurisdiction of officers have been re-organized, keeping parity with administrative jurisdiction to raise performance quotient.

(b) Area of an excise circle has been made coterminus with the jurisdiction of two police statio





























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