MAXIMUM LIQUOR IN HOME STORAGE

INCONSISTENT LAWS REGARDING STORAGE OF LIQUOR AT HOME

In 1977, a move was made to impose prohibition across India, started by the then Prime Minister, Morarji Desai. The move died a natural death. As of today, only two states, Tamil Nadu in the south and the western state of Gujarat, the home of both Mohandas Gandhi and Morarji Desai, have been observing total prohibition. Gujarat has been dry for more than 30 years. Yet one hears of numerous deaths caused by drinking spurious liquor every year.

The Bombay Prohibition (Gujarat Amendment) Act, 2009 is an Act of Gujarat Legislative Assembly which prohibits manufacture, selling, buying or distributing of Laththa (spurious liquor). Laththa is spurious liquor which contains methanol or any other poisonous substances which may cause harmful or injurious effects to the human body or death of a person. The Act also makes it a punishable offence for the person involved in construction or working in any distillery or brewery making laththa. The Act has a provision for death sentence or life imprisonment for those found guilty of manufacturing and selling spurious liquor in cases where those who consumed the spurious liquor have died.

Alcohol prohibition in Tamil Nadu is governed by State Prohibition and Excise department as per Tamil Nadu Prohibition Act, 1937. TASMAC, a state government owned company controls the wholesale and retail vending of alcoholic beverages in the State. Prohibition as such has been observed sporadically in the state. Prohibition has been imposed on Tamil Nadu since 20 February 2017.

RIDING THE L-1 BOOM

India holds the dubious distinction of the largest consumer of whisky in the world. Yet it has States that have proclaimed Prohibition and enforce it. The complexities of marketing whisky, or any spirit for that matter, are daunting. They are not helped by the vagaries and vicissitudes of culture-bound States, or so they say. The plethora of executable wine laws in India is applicable not only for importers, producers, distributors, retailers and restaurateurs, all of whom come under the umbrella of licensing, but also the consumer. As may be expected, every State has its own laws for the storage of wine and alcohol, with listed specifications of ‘permissible possession’. Gurgaon has witnessed an explosion in the number of stores selling both Indian and imported liquor under the L-1 classification. Currently, over 60 stores are operating as L-1 merchants. You cannot drive more than one km in Gurgaon without coming across a bright and glaringly prominent L-1 store.

L-1 LICENCE

L-1 Licences are reserved for bulk sellers. Every now and then, State Governments formulate their Excise Policy and approve the Terms & Conditions for grant of L-1 licenses. In pursuance to this policy and the approved terms & conditions, licences in form L-1 are granted for the wholesale supply of Indian and imported liquor. The bulk sellers have to go through various procedures and costs, none of which are relevant to you, the consumer.

L-50 LICENCE

A licence, called the L 50 (Mini-Bar) licence was introduced for the general public’s personal consumption, for two separate segments, valid for either one year or for a lifetime. The licence is granted by the deputy excise and taxation commissioner for the possession and transportation of liquor after paying the appropriate fee. The L-50 or Mini-Bar Licence, as applicable to the general public, can be obtained for one year for Rs 1,500 for both Delhi and Gurgaon. In Gurgaon, the life-time licence will cost Rs 10,000, a reduction by 50% of the extant ‘home’ licence. There has been no similar reduction in Delhi.

Under the licence for the mini bar, residents in Gurgaon can store ~120 liquor bottles at home, assuming you are married. For relatives staying with you above the age of 25, add 60 more per head. Residents can also apply online for this licence, which was introduced last year. The step was taken after a dip in demand for the licence, as observed by officials in the Excise Department. The minimum age to obtain a lifetime liquor licence is 25 years.

Specific rules have been codified in the State Excise Rules, stipulating quantities of liquor that may be held at home legally and penalties for exceeding the quantity. For instance, Rule 20 of the Delhi Excise Rules, 2010, stipulates the maximum limit for retail sale and individual possession of liquor. Violation of this Rule entails an offence under Section 33 of the Delhi Excise Act, 2009, which is punishable with imprisonment for a maximum term of three years and a fine which is not less than Rs. 50,000/-, but may extend to Rs. 1,00,000/-. 

These have gained the interest of many concerned, after the Delhi High Court interpreted the law while delivering a judgement only last week. The relevant portion of Rule 20 of the Delhi Excise Rules, 2010, has been reproduced as under:

“20. Maximum limit for retail sale and individual possession of liquor: The maximum quantities of intoxicants specified below, which for the purposes of the Act, may be sold by retail and possessed exclusively, by an individual not below the age of twenty five years in Delhi, shall be as follows:—

 INDIAN AND FOREIGN LIQUOR 

(i) Indian Liquor and Foreign Liquor (Whisky, rum, gin, vodka, and brandy), except wine, liqueur, beer, cider and alcopop: Nine litres.

(ii) Wine, beer, liqueur, cider and alcopop: Eighteen litres.

(iii) Indian Liquor or Foreign Liquor: One litre while entering into Delhi from other States;

(iv) Foreign Liquor: Two litres while entering into Delhi from other countries.

* These quantities are Per Person (>25 years old).

**It is illegal to carry more than ONE bottle of liquor into Delhi from any part of the country. This is more than true for rampant import from Gurgaon, as has been happening these past six months.

***If you would like to hold more liquor at home, then you have to apply for the same on Licence No L-49 with additional charges depending on the quantity, but not below Rs 2,000.

Haryana -Gurgaon is so much better for massive amounts of private possession of alcohol (yay Millenium City!). Get yourself L-50 lifetime permission and stock up. You can stock up to 6 bottles (750 ml each) of country liquor, 18 bottles (750 ml each) of IMFL liquor, out of which maximum 6 bottles can be of Imported Foreign Liquor, 12 bottles (650 ml each) of beer, 6 bottles (750 ml each) of rum, 12 bottles of wine, and 6 bottles (750 ml each) of vodka/gin/cider.

UP- NOIDA: I’m afraid NOIDA types will have to grin and bear it. The limit is presently capped at 1.5 litres of country-made alcohol, 1.5 litres of IMFL and 4 bottles of beer. Once the Noida International Greenfield Airport comes up at Jewar, this limit could go up to 2.0 litres of IMFL or 2.0 litres of imported alcohol. Mr Saffron will probably play ball.

Karnataka- Bangalore: Decent quantities. Permissible limits are 18.2 litres of country beer, 9.1 litres of imported foreign liquor, 4.5 litres of fortified wine, 9 litres of fruit wine, 2.3 litres of liquor manufactured in Karnataka (excluding imported Foreign liquor), and 2.5 litres of toddy (in the areas where public sale of toddy is allowed, i.e., D. Kannada and Udupi Districts).

Maharashtra: Basically, the Mumbai/Pune/Nagpur/Nashik types are in grief. Ex-Defence Forces officers will have a special quota dependent on rank. For the hoi polloi, If their age allows them to drink liquor in Maharashtra, they need a license for it. A permit is required for purchase, possession, transport and consumption of liquor, and is applicable to both foreign and country liquor. One's committing an offence if one consumes liquor without such a permit. To get a permit, check out this link which outlines the procedure clearly.