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Explained: Delhi Excise policy faulty or faulty implementation?

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AAP government’s new excise policy 2021-22 that came into force on November 17 last year has drawn severe criticism from the opposition and the industry experts in the national capital for multiple reasons.

Under the new policy, the retail licences were given to private bidders for 849 vends across the city divided into 32 zones. Opposing the policy, the opposition has lodged complaint with the L-G as well as central agencies seeking a probe into it.

The allegations

Delhi LG Vinai Kumar Saxena has recommended a CBI probe based on the Delhi Chief Secretary’s July 8 report which has flagged “deliberate and gross procedural lapses to provide post tender undue benefits to liquor licensees for the year 2021-2022”.

The Chief Secretary report has also pointed out prima facie violations of GNCTD Act 1991, Transaction of Business Rules (ToBR)-1993, Delhi Excise Act-2009 and Delhi Excise Rules-2010.

As the Excise Department is headed by Manish Sisodia, he faces allegations of financial quid pro quo in executing major decisions around the excise policy which reportedly huge financial implications.

He also extended undue financial favours to the liquor licensees much after the tenders had been awarded and thus caused huge losses to the ex-chequer.

The Excise Department reportedly gave a waiver of Rs 144.36 crore to the licencees on the tendered licence fee citing pandemic as an excuse. The excise department under Sisodia revised the formula of calculation of rates of foreign liquor and removed the levy of import pass fee of Rs 50 per case on beer on in its November 8, 2021 order.

The AAP government is also accused of attempting to legalise “these illegal decisions” by getting the nod of cabinet as recently July 14 which is said to be in violation of laid down rules and procedures.

Aam Admi Party’s defence

In a press briefing shortly after LG recommended a CBI probe, Delhi Chief Minister Arvind Kejriwal termed the case “false” and said that BJP is afraid of AAP’s expansion.

“The whole case is fabricated. I have known Sisodia for the past 22 years. He is honest. When he became a minister the Delhi government schools were in a poor condition. He worked day and night to bring them to the level where a judge’s child and a rickshaw driver’s child sit together to study,” said CM Kejriwal.

Policy that led to liquor crisis

Delhi residents are facing the shortage of liquor of their choice as the capital city is witnessing shortage across various categories at many outlets in the city. Even some premium category whiskies are not available in below one litre quantity at various outlets.

On being asked about the reason behind such shortage, the outlet keepers have one word to say “supply chain problem”. Among many other reasons, one important factor causing shortage is the new policy which has led to the sharp decline in the number of wine shops being operated currently in the market.

“Only around 464 shops are in operation currently in the market whereas the city like Delhi must have around 850 outlets to serve the residents”, said an industry expert on condition of anonymity.

What Expert says

The industry expert says that policy was good, however on ground level, the implementation was not good. “I believe that the Excise policy was and is fundamentally good. It takes a different and progressive look at alcohol sale and consumption befitting a modern metropolis that Delhi is. However, I think that implementation on ground fell short. It was too slow, in patches and unable to break away from historical bureaucratic apathy towards trade. In its concept, the size of zones is too big”, Vinod Giri, Director General of the Confederation of Indian Alcoholic Beverage Companies (CIABC) told IANS.

Giri said that the industry has repeatedly raised the matter of keeping zone sizes small to reduce financial stakes of licensees, improve loss bearing capacity if any, and prevent monopolies. “We also have suggested more simplicity and flexibility in operational issues such as license ownership changes. I am of view that with some tweaking the policy can deliver what it was meant to – positive dividend for all stakeholders”, Giri told IANS.

Opposition’s Claims

Union minister and New Delhi BJP MP Meenakshi Lekhi on Friday alleged the violations by Delhi government in the Delhi liquor policy.

Addressing a press conference, Lekhi showed documents saying that they “exposed” discrepancies by the government in giving waivers to liquor firms.

Lekhi claimed, “firms were given a waiver of Rs 144.36 crore on 14 July 2022 without the Cabinet’s nod.”

She further claimed that in another instance, a company was returned its Rs 30 crore earnest deposit money without following the due procedure.

National News

Gujarat extends ban on tobacco-laced gutkha, pan masala for another year

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Gandhinagar, Aug 31: Gujarat has extended its ban on the manufacture, storage, distribution and sale of gutkha and pan masala containing tobacco or nicotine for another year, with the renewed prohibition coming into effect from September 13, 2026, and remaining in force until September 12, 2027.

The Commissioner of Food Safety issued the notification on August 31, citing public health concerns and representations received from various Non-Governmental Organisations (NGOs).

The ban has been enforced in Gujarat since 2012 and will continue to cover such products irrespective of the name under which they are marketed.

The order also covers ingredients that are sold separately but are intended to be mixed together to prepare gutkha or pan masala containing tobacco or nicotine as the final product.

Authorities have warned that strict legal action will be taken against those found violating the prohibition.

According to the notification, research conducted by Tata Memorial Hospital, the Tata Institute of Fundamental Research and ‘HAMER’ has indicated that consumption of gutkha and pan masala is carcinogenic and substantially increases the risk of oral cancer.

The notification also refers to findings from the Global Adult Tobacco Survey (GATS), according to which 35 per cent of adults in India consume tobacco, while 21 per cent were found to use smokeless tobacco.

The state government said the decision to extend the prohibition was taken in view of the need to protect citizens’ health and following representations from NGOs.

The renewed order will, therefore, continue the restrictions that Gujarat has maintained for more than a decade.

The ban specifically targets gutkha and pan masala containing tobacco or nicotine, as well as separately sold components intended to circumvent the prohibition by being combined later.

Enforcement agencies have been directed to take action against manufacture, storage, distribution and sale of products covered by the notification.

The extension means the existing prohibition will remain in effect without a break, from September 13 this year through September 12, 2027.

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Crime

Drunk Dial 112 driver hits cyclist, motorcycle in Bihar’s Muzaffarpur

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Patna, Aug 31: A Dial 112 emergency vehicle driver was accused of driving under the influence of alcohol and hitting a cyclist and a motorcycle in Muzaffarpur’s Ramdayalu area on Monday.

The incident, which falls under the jurisdiction of Sadar Police Station, triggered anger among local residents.

Police subsequently took the driver, identified as Santosh Kumar, into custody.

According to police, the detained driver underwent a medical examination, which confirmed alcohol consumption.

Further legal action is being taken in the matter. Meanwhile, the injured cyclist has submitted an application at Sadar Police Station seeking registration of an FIR.

According to preliminary information, Santosh Kumar was driving the Dial 112 vehicle through the Ramdayalu area when it allegedly first struck a cyclist.

The cyclist, Shatrughan Rai, a resident of Baramatpur under the Sadar police station area, sustained serious injuries, including injuries to both legs. The vehicle subsequently collided with a motorcycle.

The motorcyclist, identified as Manish Kumar of Chak Chameli village under the Hajipur Sadar police station area of Vaishali district, escaped with minor injuries, but his motorcycle was badly damaged.

The incident led to a gathering of local residents, who raised an alarm and confronted the driver over allegations of drunk driving.

Locals informed the police, following which a Sadar Police team reached the spot and took Santosh Kumar into custody. Manish Kumar said he was travelling from his home in Hajipur to Muzaffarpur when he witnessed the Dial 112 vehicle hit the cyclist.

He said the emergency vehicle then struck his motorcycle with considerable force, causing extensive damage. Manish further alleged that when he and others confronted the driver following the accident, the driver used abusive language.

The situation was subsequently brought under control after police reached the spot and took the driver to the police station.

Muzaffarpur SSP Kantesh Kumar Mishra said the incident had come to the police’s notice and that the accused driver was being questioned.

He said further action would be taken in accordance with the law after completion of the investigation and that steps would be taken to seek judicial custody of the accused.

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Crime

3-year-old nursery student sexually assaulted at Delhi school; bus driver arrested

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New Delhi, Aug 31: A case involving the sexual assault of a three-year-old nursery student at a private school in Delhi Bawana has come to light. Police have arrested a school bus driver in connection with the incident, officials said on Monday.

The accused, identified as Vikas, had been working as a bus driver at the school for around eight months. According to police, he allegedly befriended the child by offering her chocolates and subsequently sexually abused her on multiple occasions.

Police arrested Vikas from the school premises after the child’s identity and allegations were established during the investigation.

The case came to light on the night of August 19, when the child’s family noticed injury marks on her body and became concerned about her condition.

When the child’s mother questioned her about what had happened, the girl reportedly spoke about a “bad uncle” at her school who used to give her chocolates. As the three-year-old was unable to identify the man by name, the family approached the school administration and sought its help in finding out who the person was.

On August 24, the child was shown photographs of school staff and CCTV footage from the school premises as part of efforts to identify the person she had mentioned. Police said the girl identified Vikas as the man she had referred to as the “bad uncle”.

Following the identification, the school informed the police about the matter. An FIR was subsequently registered under the relevant provisions of the Protection of Children from Sexual Offences (POCSO) Act, following which the accused school bus driver was arrested.

According to the allegations being investigated by police, the accused followed the girl when she was going towards the bathroom. He allegedly offered her chocolates and then touched her inappropriately under the stairs of the school.

During the investigation, police also seized the accused’s mobile phone. Officials said the device contained several videos showing him feeding chocolates to young children.

Police are now working to identify the children seen in those videos. The children are also being counselled as part of the ongoing investigation and to ensure their safety and well-being.

Investigators have also collected and seized CCTV footage from cameras installed at different locations on the school premises. The footage is being examined to establish the sequence of events and determine whether there were any other instances involving the accused.

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