Maharashtra brings liquor possession limit in prohibition law to combat illicit sale

In an effort to crackdown on the illicit sale of liquor in areas under prohibition, the state government has laid down a legal "prescribed limit" for the possession of alcohol by consumers.

In Maharashtra, three districts — Wardha, Gadchiroli and Chandrapur are under prohibition. The Maharashtra Prohibition (Amendment) Ordinance, 2019, approved last week, laid down the definition of "absolutely prohibited areas" which cover dry districts. In these districts, sale, purchase, possession, use, and consumption of liquor has been banned.

The ordinance has also enhanced the quantum of punishment for offences committed in these "absolutely prohibited areas." An order by the home department laid down the prescribed limit of units of liquor that can be possessed by consumers. Accordingly, consumers can possess not more than 12 units of Indian Made Foreign Liquor (IMFL) or imported spirits, wine, toddy, beer, and liquids containing alcohol at a time. This limit is just two units for country liquor (CL), which is consumed by the working class. One unit translates into 1,000 ml for country liquor, IMFL, imported liquor, toddy, and liquids containing alcohol and 2,600 ml of wine and beer.

"Earlier, the law did not have a prescribed limit clause, which has been inserted. This will help crackdown on bootlegging in dry areas. Possession limits for consumers have been left unchanged," said a senior state excise department official. He added that an offence in dry areas would be considered grave and punished more severely than other regions to prevent bootlegging.

The state has stringent excise laws where consumption, possession or transport of liquor without a permit issued on "health grounds" is an offence punishable with a fine or a jail term depending on its severity. Under the Maharashtra Prohibition Act, 1949, a permit for possession, purchase, transport of liquor is mandatory. The Bombay Foreign Liquor Rules, 1953, framed under the Act prescribe the conditions about who can hold permits for possession of liquor and the extent of the quantity of liquor that can be held by these permit holders.

Maharashtra saw prohibition being imposed from 1949 till the 1960s, which led to the underworld being involved in bootlegging in parts of Mumbai and the state. During this period, wine shops released fixed units of the brew to permit holders on health grounds. However, restrictions on consumption of liquor were gradually eased over the years, though the permit system and a prohibition policy endure.