APEA Section 12 : Permits for Transport of Intoxicants

Explanation using Example

Example 1: Transporting Intoxicants for a Wedding Event

Introduction: Ravi, a licensed distributor of alcoholic beverages in Andhra Pradesh, is tasked with supplying alcohol for a large wedding event. He needs to transport a significant quantity of intoxicants from his warehouse to the wedding venue.

Application: According to Section 12, Sub-section (1) of The Andhra Pradesh Excise Act, 1968, Ravi must obtain a permit from an officer not below the rank of an Assistant Prohibition and Excise Superintendent. Since this is a special occasion, as per Sub-section (2), he requires a special permit for this particular consignment.

Outcome: The permit will specify Ravi’s name, the period for which the permit is valid, the route, and the quantity and description of the intoxicants (Sub-section (3)). If Ravi fails to obtain this permit, he risks facing penalties under the Act, which may include fines or legal action.

Conclusion: By complying with the permit requirements, Ravi ensures the legal transport of intoxicants, avoiding potential legal issues and ensuring the event proceeds smoothly.

Example 2: General Permit for a Licensed Retailer

Introduction: Sita owns a licensed liquor store in Andhra Pradesh and regularly transports alcohol from a central warehouse to her store.

Application: Under Section 12, Sub-section (2), Sita can apply for a general permit, which allows her to transport intoxicants over a defined period. This permit is issued only to licensed individuals and specifies the minimum quantity that can be transported at one time.

Outcome: The permit will include Sita’s name, the validity period, the route, and details of the intoxicants (Sub-section (3)). If Sita transports alcohol without this permit, she could face penalties, including fines or suspension of her license.

Conclusion: By obtaining a general permit, Sita can efficiently manage her stock while adhering to legal requirements, thus avoiding disruptions to her business operations.

Example 3: Non-Compliance and Legal Consequences

Introduction: Mohan, an unlicensed individual, attempts to transport a large quantity of alcohol across district borders without a permit.

Application: As per Section 12, Mohan is not authorized to transport intoxicants without a permit issued by the appropriate officer. His actions violate the provisions of the Andhra Pradesh Excise Act, 1968.

Outcome: Mohan’s non-compliance could lead to legal action, including confiscation of the intoxicants and fines. Additionally, he may face criminal charges under related penalty clauses.

Conclusion: This scenario highlights the importance of adhering to legal requirements for transporting intoxicants, emphasizing the need for proper permits to avoid severe legal repercussions.

Example 4: Special Circumstances - Transport by a Servant

Introduction: Ramesh, a licensed distributor, employs a driver to transport intoxicants to various clients.

Application: According to the explanation in Sub-section (3), the term ‘person authorized’ includes servants and employees acting on behalf of the permit holder. Ramesh’s driver is legally allowed to transport the intoxicants under Ramesh’s permit.

Outcome: The permit must clearly specify the driver’s role, ensuring compliance with the law. Failure to include such details could lead to misunderstandings and potential legal issues.

Conclusion: By ensuring that the permit covers his employees, Ramesh maintains compliance and avoids legal complications, ensuring smooth business operations.