| [Andhra Pradesh Act No. 17 of 2000] | [28th April, 2000] |
An Act Further to Amend the Andhra Pradesh Prohibition Act, 1995.
Be it enacted by the Legislative Assembly of the State of Andhra Pradesh in the Fifty-first Tear of the Republic of India as follows:-
STATEMENT OF OBJECTS AND REASONS
During the period of total prohibition in the State a large number of cases were booked against the offenders who violated the provisions of A.P. Prohibition Act, 1995. In fact as many as 3,04,331 cases were booked during the period from 16-1-1995 to 31-3-1997 for various offences. Out of the above 70,500 cases are pending trial under sections 8 & 9 of the Act. These cases were registered against persons who committed offences of consumption of liquor, possession of liquor in very small quantities or being found in intoxicated condition etc. Such offences are categorized as minor offences as per section 8(b)(i) and proviso to sub-clause (ii) and section 9 of the A.P. Prohibition Act, 1995. Similarly large number of vehicles were also seized during the above period. Cases against many of those vehicles were booked for carrying very small quantities of liquor. Now it is proposed to reduced the pendency of cases by compounding minor offences so that the dual purpose of reducing the pendency and collecting revenues to State can be achieved and more attention could be paid for curbing the manufacture sale of ??? liquor and flow of non-duty paid liquor from across the borders. The courts can concentrate on the quick disposal of less number of cases which Involve major offences.
To achieve the above objects, the offences under section 8(a) or (b)(i) or the proviso b(ii) and section 9 of Andhra Pradesh Prohibition Act, 1995 are proposed to be made compoundable. Similarly a new provision under section 11B and amendments to sections 8, 9 and 13(2) are proposed to be made in respect of minor offences and for the release of those vehicles which were involved in minor offences by collecting suitable fine.
Whereas the Andhra Pradesh Prohibition (Amendment) Bill, 1998 has been introduced in the Legislative Assembly of the State on 26th November, 1998 as L.A. Bill No. 37 of 1998 the same has lapsed due to dissolution of the Tenth Legislative Assembly.
The Bill seeks to give effect to the above decisions.
1. Short title and commencement.- (1) This act may be called the Andhra Pradesh Prohibition (Amendment) Act, 2000.
(2) It shell come into force on such date as the state Government may, by notification, appoint.
2. Amendment of section 8.- In the Andhra Pradesh Prohibition Act, 1995 (hereinafter referred to as the principal Act) in section 8, in clause (b),-
(a) in sub-clause (i) for the words "three years and with fine", the words "three years or with fine" and for the words "in the manner prescribed", the voids "in the manner prescribed, or with both", shall be substituted; and
(b) the proviso to sub-clause (ii) shall be omitted.
3. Amendment of Section 9.- In section 9 of the principal act, for the words "one year and with fine", the words "one year or with fine" shall be substituted.
4. Insertion of new section 11B.- In the principal Act, after section 11A, the following section shall be inserted, namely:-
"Compounding of Offences: 11.B(1) The Collector or any Prohibition and Excise Officer specially empowered "in that behalf may accept from any person ??? is reasonably suspected of having committee ??? offence falling under clause (a) or sub-clause (i) of clause (b) or the proviso to Sub-clause (ii) of clause (b) it was is force, of section or ??? a sum of money as may be prescribed ??? not exceeding the maximum fine which can be imposed for the of fence under the provisions of the Act, by way of compensation for the offence which may have been committed and in all cases in which any property has been seized as liable for confiscation under this Act, may release the same on payment of the value thereof as estimated by such officer:
Provided that where the property so seized is a liquor produced or manufactured in contravention of this Act, such liquor shall not be released but shall be disposed of in such manner, as may be prescribed:
Provided further, that such sum of money shall not be accepted from any person who is reasonably, suspected of having committed an offence under sub-clause (i) of clause (b) of section 8 without the prior approval of the Commissioner of Prohibition and Excise.
(2) On the payment by the person the sum of money or the value or both, as the case may be, such person, if in custody shall be set at liberty, and all the property seized may be released and no proceedings shall be instituted or continued against such person in any Criminal Court. The acceptance of compensation shall be deemed to amount to an acquittal and in no case any farther proceedings be taken against such person or property with reference to the same Act.".
5. Amendment of section 13.- In the principal Act, to sub-section (2) of section 13, the following proviso shall be added, namely:-
Provide that the Deputy Commissioner of Prohibition and Excise specially empowered in that behalf may accept such sum of money as may be prescribed in ??? of ??? and release the animals or vessels or ??? or other vehicles reasonably suspected of ??? in any offence falling under sub-clause (i) of clause (b) of section 8 of this Act.