Transit of liquor

I am also waiting for the asnwer.

@Querist,

Ref-List 2(State list)Seventh Schedule of COI

"Intoxicating liquors, that is to say, the production, manufacture, transport, purchase and sale of intoxicating liquors."

Therefore, State is free to make laws for production,manufacture,trasport,purchase, and sale of liqor. Different states have different acts to deal with laws relating to liqor.

A link enriching knowledge about liqor laws.

https://www.alcoholwebindia.in/content/regulation-legislation

Hope that helps.

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

@Querist,

Ref-List 2(State list)Seventh Schedule of COI

"Intoxicating liquors, that is to say, the production, manufacture, transport, purchase and sale of intoxicating liquors. "

Therefore, State is free to make laws for production,manufacture,trasport,purchase, and sale of liqor. Different states have different acts to deal with laws relating to liqor.

A link enriching knowledge about liqor laws

https://www.alcoholwebindia.in/content/regulation-legislation

Hope that helps.

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

Hi Sumitra

It is right that the State has power to make rules for production, manufacture etc.

But it has rights only for regulating transport within the state. It is not allowed to make rules for interstate transit. Only the Central Government has power to make rules regarding that.... So we need to get some more information on it.

@Querist,

Your Question-

Which act governs the transit of liquor within India and what does the law say?

My answer-

No central act because being in 'State list' ' means State has exclusive power to govern the rule and center cannot interfere with those laws as it's not in concurrent list (COI Says that).

Now, State makes laws for transit of liqors within it's territory and transiting to another state requires a 'Transit Permit' from that state with some exception cases where no exclusive 'Transit permit' is needed.

The above statements are supported by this link.

https://indiankanoon.org/doc/84591/

Answers to all other remaining questions which is covered by your query will be given by the above judgement(Follow the link).

Hope that's sufficient feed to your quest.

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

Now if i want to take liquor from chandigarh to any state say 2-5 bottles. What are the provisions?

@Querist,

So What you want to say that '2-5 bottles require transit by transporation and is it called trade!???

Can you oblige me with the reason of such thinking!!!

What I guess that you are trying to ask indirectly and which is also your main concern -

'Traveling with 2-5 bottles of liqor in a Train or On boarding on a plane'!?

If i am correct in guessing your motive then let me tell you that Indian Railways and Airlines in India has their own rules regarding such matter concerning with alcohal or other inflammable material.

Still you have doubt!!!

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

@Querist,

First see Few sections of "The Railway Act 1989'

67. Carriage of dangerous or offensive goods.-

(1) No person shall take with him on a railway, or require a railway administration to carry such dangerous or offensive goods, as may be prescribed, except in accordance with the provisions of this section.

(2) No person shall take with him on a railway the goods referred to in sub-section (1) unless he gives a notice in writing of their dangerous or offensive nature to the railway servant authorised in this behalf.

(3) No person shall entrust the goods referred to in sub-section(1) to a railway servant authorised in this behalf for carriage unlesshe distinctly marks on the outside of the package containing such goods their dangerous or offensive nature and gives a notice in writing of their dangerous or offensive nature to such railway servant.

(4) If any railway servant has reason to believe that goods contained in a package are dangerous or offensive and notice as required under sub-section (2) or sub-section (3), as the case may be,in respect of such goods is not given, he may cause such package to be opened for the purpose of ascertaining its contents.

(5) Notwithstanding anything contained in this section, any railway servant may refuse to accept any dangerous or offensive goods for carriage or stop, in transit, such goods or cause the same to be removed, as the case may be, if he has reason to believe that the provisions of this section for such carriage are not complied with.

(6) Nothing in this section shall be construed to derogate from the provisions of the Indian Explosives Act, 1884 (4 of 1984), or any rule or order made under that Act, and nothing in sub-sections (4) and (5) shall be construed to apply to any goods entrusted for carriage by order or on behalf of the Government or to any goods which a soldier,sailor, airman or any other officer of the armed forces of the Union or a police officer or a member of the Territorial Army or of the National Cadet Corps may take with him on a railway in the course of his employment or duty as such.

164. Unlawfully bringing dangerous goods on a railway.-

If any person, in contravention of section 67, takes with him any dangerous goods or entrusts such goods for carriage to the railway administration, he shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to one thousand rupees or with both and shall also be liable for any loss, injury or damage which may be caused by reason of bringing such goods on the railway.

Now, A link, the content of which should be read in light with above section

https://www.scr.indianrailways.gov.in/view_detail.jsp?lang=0&dcd=852&id=0,4,268

A paragraph from the Content of the link-

During the checks, the team of officials found a dozen passengers with fire crackers, liquor bottles etc.,and imposed penalty o­n them. Hence, South Central Railway appeals the general public not to carry explosive or inflammable items such as fire crackers, gas cylinders, kerosene stoves, liquor bottles etc. in passenger carrying trains for safety of travelling passengers.

Now it must be clear to you that by reason of imflammability of liqor, it's prohibited in rail compartments.

Drinking alchohal and being in intoxication is altogehter a different matter for which there is another section 145 of the Railway Act.

Now, you can check the airlines rules regarding imflammable materials.

Do you still need more feed to your quest!!!.If yes,do some search on your own.After all you are a lawyer.

[Last reply to this thread]

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Thanks,

Regards,

Dear Sumitra ! Can one carry one or two bottle for his own consumption during long jurney. What is the maximum Limit ?.

What about the Note appeared on the bottle in some states as " Only For State of Hariyana "  . Whether one bottle bought from Hariyana Or U.P can be carried to  other states while on journey.

If some body is found in possession of bottle of liquer manufactured and sold in U.P, in other state, whether it is offence ? If No what is the maximum limit.

Dear Sumitra Thanks for the pm related to my query.