Bombay Prohibition (Gujarat Amendment) Act, 2009

Last updated

Bombay Prohibition (Gujarat Amendment) Act
Government Of Gujarat Seal In Gujarati.png
Gujarat Legislative Assembly
Passed2009
Status: In force

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).

The Act defines Laththa as 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. [1]

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. Vehicles seized in which the liquor is transported are auctioned and the proceeds deposited in the state government treasury. [2]

See also

Related Research Articles

Prohibition Outlawing of the consumption, sale, production etc. of alcohol

Prohibition is the act or practice of forbidding something by law; more particularly the term refers to the banning of the manufacture, storage, transportation, sale, possession, and consumption of alcoholic beverages. The word is also used to refer to a period of time during which such bans are enforced.

Eighteenth Amendment to the United States Constitution 1919 amendment establishing prohibition of alcohol

The Eighteenth Amendment of the United States Constitution established the prohibition of alcohol in the United States. The amendment was proposed by Congress on December 18, 1917, and was ratified by the requisite number of states on January 16, 1919. The Eighteenth Amendment was repealed by the Twenty-first Amendment on December 5, 1933. It is the only amendment to be repealed.

Volstead Act 1919 US law initiating the prohibition of alcoholic beverages

The National Prohibition Act, known informally as the Volstead Act, was enacted to carry out the intent of the 18th Amendment, which established prohibition in the United States. The Anti-Saloon League's Wayne Wheeler conceived and drafted the bill, which was named after Andrew Volstead, Chairman of the House Judiciary Committee, who managed the legislation.

Twenty-first Amendment to the United States Constitution 1933 amendment repealing the 18th amendment, thereby ending prohibition of alcohol in the US

The Twenty-first Amendment to the United States Constitution repealed the Eighteenth Amendment to the United States Constitution, which had mandated nationwide prohibition on alcohol. The Twenty-first Amendment was proposed by the 72nd Congress on February 20, 1933, and was ratified by the requisite number of states on December 5, 1933. It is unique among the 27 amendments of the U.S. Constitution for being the only one to repeal a prior amendment, as well as being the only amendment to have been ratified by state ratifying conventions.

Oregon Liquor and Cannabis Commission

The Oregon Liquor and Cannabis Commission (OLCC), formerly known as Oregon Liquor Control Commission is a government agency of the U.S. state of Oregon. The OLCC was created by an act of the Oregon Legislative Assembly in 1933, days after the repeal of prohibition, as a means of providing control over the distribution, sales and consumption of alcoholic beverages. To this end, the agency was given the authority to regulate and license those who manufacture, sell or serve alcohol. Oregon is one of 18 alcoholic beverage control states that directly control the sales of alcoholic beverages in the United States. In 2014, the passage of Oregon Ballot Measure 91 (2014) legalized the recreational use of marijuana in Oregon and gave regulatory authority to the OLCC.

Alcohol laws of Kansas US state alcohol law

The alcohol laws of Kansas are among the strictest in the United States, in sharp contrast to its neighboring state of Missouri, and similar to its other neighboring state of Oklahoma. Legislation is enforced by the Kansas Division of Alcoholic Beverage Control.

Prohibition in the United States Constitutional ban on alcoholic beverages from 1920 to 1933

Prohibition in the United States was a nationwide constitutional ban on the production, importation, transportation, and sale of alcoholic beverages from 1920 to 1933.

The Gujarat alcohol poisonings occurred in July 2009 in Gujarat, resulting in the death of 136 people from consumption of bootleg liquor.

Alcohol law Law pertaining to alcoholic beverages

Alcohol laws are laws in relation to the manufacture, use, being under the influence of and sale of alcohol or alcoholic beverages that contains ethanol. Common alcoholic beverages include beer, wine, (hard) cider, and distilled spirits. The United States defines an alcoholic beverage as "any beverage in liquid form which contains not less than one-half of one percent of alcohol by volume", but this definition varies internationally. These laws can restrict those who can produce alcohol, those who can buy it, when one can buy it, labelling and advertising, the types of alcoholic beverage that can be sold, where one can consume it, what activities are prohibited while intoxicated, and where one can buy it. In some cases, laws have even prohibited the use and sale of alcohol entirely, as with Prohibition in the United States from 1920 to 1933.

Alcohol prohibition in India Prohibition of alcohol in Indian states

Alcohol prohibition in India is in force in the states of Bihar, Gujarat, Mizoram, and Nagaland. All other Indian states and union territories permit the sale of alcohol.

Increased Penalties Act

The Increased Penalties Act was a bill that increased the penalties for violating prohibition. Enacted on March 2, 1929, it is also called the "Jones–Stalker Act" or the "Jones Act". The legislation was sponsored by two Republicans, Sen. Wesley L. Jones of Washington and Rep. Gale H. Stalker of upstate New York State. It stipulated that wherever any penalty was prescribed for the illegal manufacture, sale, transportation, importation, or exportation of intoxicating liquor as defined in the Volstead Act of 1919, the penalty imposed for each such offense should be a fine not to exceed $10,000 or imprisonment not to exceed five years, or both. The Act did not repeal any minimum penalties then prescribed by law. It further declared that it was the intent of Congress that the courts, in sentencing offenders, "should discriminate between casual or slight violations and habitual sales of intoxicating liquor, or attempts to commercialize violations of the law."

Lambert v. Yellowley, 272 U.S. 581 (1926), was a decision by the Supreme Court of the United States that reaffirmed the National Prohibition Act's limitation on the dispensation of alcoholic medicines. The five-to-four decision, written by Justice Louis D. Brandeis, affirmed the dismissal of a suit in which New York City physician Samuel Lambert sought to prevent Edward Yellowley, the acting federal prohibition director, from enforcing the Prohibition Act so as to preclude him from prescribing alcoholic medicines. The decision affirmed the police powers of the individual states, as well as the power of the Necessary and Proper Clause of the United States Constitution, which was cited in upholding the Prohibition Act's limitations as a necessary and proper implementation of the Eighteenth Amendment to the United States Constitution.

Bihar Excise (Amendment) Act, 2016 is an Act of Bihar Legislative Assembly which prohibits manufacturing, bottling, distribution, transportation, accumulation, possession, purchase, sale or consumption of any type of liquor, intoxicating substance including bhang and medicines with alcoholic substance. The Act prescribes stringent punishment including capital punishment to those manufacturing or trading illicit liquor.

The Laththa Commission was a Commission of Inquiry appointed by the Government of Gujarat to probe the 2009 hooch tragedy that claimed 148 lives in Ahmedabad.

India's constitution is very vast. There is a separate article for each and every prospective. Article 47 of The Constitution of India is one of the Directive Principles which directs the State to raise the level of nutrition and the standard of living and to improve public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of intoxicating drinks and drugs which are injurious to health.

The Lakshadweep Prohibition Regulation, 1979 bans the import, export, transportation, possession and manufacture of liquor or any intoxicating drugs in the Union Territory of Lakshadweep.

The Bihar alcohol poisonings killed 16 people on 16 August 2016 in Gopalganj town of Bihar, India. The victims had consumed hooch and complained of nausea and stomach ache.

The Bombay Prohibition Act, 1949 is an Act of the Bombay Legislative Assembly relating to the promotion and enforcement of alcohol prohibition in the Bombay State. The Bombay state was divided into the states of Maharashtra and Gujarat in 1960. Today the Act is applicable in the State of Gujarat.

BC Liquor Stores

BC Liquor Stores are a chain of crown corporation retail outlets operated by the British Columbia Liquor Distribution Branch to distribute alcoholic beverages in the province of British Columbia, Canada. They are accountable to the Attorney General of British Columbia. BC Liquor Stores currently operate 196 locations across the province. The chain was established in June 1921, following the result of a plebiscite in favour of liquor availability through government liquor stores. Prior to the plebiscite, alcohol had been illegal through the Prohibition Act, introduced on May 23, 1916, with exceptions to sacramental, medicinal or industrial purposes.

United States v. Lee, 274 U.S. 559 (1927), is a significant decision by the United States Supreme Court protecting prohibition laws. The Court held 1) the Coast Guard may seize, board, and search vessels beyond the U.S. territorial waters and the high seas 12 miles outward from the coast if probable cause exists to believe that the vessel and persons in it are violating U.S. revenue laws, and 2) the Coast Guard's use of searchlights to view contents of a vessel on the high seas does not constitute a search and thus does not warrant Fourth Amendment protections.

References

  1. "Bombay Prohibition (Gujarat Amendment) 2009" (PDF). Archived from the original (PDF) on 27 November 2013.
  2. "Bombay Prohibition (Gujarat Amendment) Bill remains unsigned by governor". Dnaindia.com. 30 August 2009. Retrieved 6 August 2016.