Working Procedure of Newly Created Excise Divisions

Government of West Bengal
Department of Excise

No. 651-Ex Date: 03.07.2013

ORDER

Pursuant upon the reorganisation of the Excise Administration under Excise Department Notification No. 1074-EX dated 01.11.2012, 3 (three) Preventive Divisions viz., Preventive, Presidency Division, Preventive Bardhaman Division and Preventive Jalpaiguri Division have been abolished and 8 (eight) Excise Divisions viz., Barrackpore, Alipore, Krishnanagar, Malda, jalpaiguri, Durgapur, Bardhaman and Kharagpur Excise Divisions have been created

• to effectively curb the manufacture, supply, distribution and storage of illicit liquor, other intoxicants and narcotic drugs and psychotropic substances,
• to monitor and hit the supply chains of narcotic drugs and psychotropic substances and raw materials used for illicit distillation/manufacture of counterfeit liquor,
• to maintain close vigil over inter-state and international borders with special focus on the trade routes of illicit/counterfeit liquor and narcotic drugs.

In order to ensure the functioning of the Excise Divisions more effectively and meaningfully, all excise officers posted in a Division shall discharge duties in the following manner:-

1. The Deputy Commissioner of Excise, in-charge of a Division will advise as to the working and supervision of the executive establishments, as directed by the Excise Commissioner, and be in charge of the coordination of preventive operations in different excise districts under his jurisdiction. He will be responsible for sending monthly reports to the Excise Commissioner, West Bengal on the preventive activities of the Division and the districts under jurisdiction of the Division with his opinion on the quality and quantity of such activities and suggestions for improvement of such activities. He will also monitor the prosecution of excise cases, both in the division and in the excise districts within the division.
2. The Superintendent of Excise of the Division shall assist the Deputy Commissioner of Excise in planning preventive activities in the division in coordination with the districts. He shall monitor all information obtained, raids undertaken and progress of investigation of cases with due intimation to the Deputy Commissioner of Excise of the Division. He shall also allot vehicles for preventive activities. The Superintendent of Excise shall be entrusted in supervising the work relating to the prosecution of excise cases, both in the Division and in the excise districts under the jurisdiction of the Division as per guidance of the Deputy Commissioner of Excise.
3. The Additional Superintendent of Excise of the Divisions shall allot Excise Constables and ASI of Excise for excise raids as and when required under proper intimation to the Superintendent/Deputy Commissioner of Excise of the Division. He shall also allot Excise Constables and ASIs of Excise to assist the officers for investigation and prosecution related activities as and when required. The Malkhana of the Excise Division shall also be under the charge of the Additional Superintendent of Excise who may be assisted by one Sub-Inspector of Excise.
4. The Deputy Excise Collectors shall supervise the work of such number of Sub-Inspector(s) of Excise posted in the Division as may be ordered by the Deputy Commissioner of Excise of the Division from time to time. He shall also guide the Sub-Inspectors of Excise in the proper discharge of their duties as investigating officers. He shall send monthly reports on the status of excise cases monitored by him to the concerned Deputy Commissioner of Excise through the Superintendent of Excise of the Division. He shall also be responsible for maintenance of barracks, computers etc. One Deputy Excise Collector may be entrusted to supervise the EIB Check posts/Circles. Another Deputy Excise Collector may be entrusted to assist the Superintendent of Excise for monitoring the prosecution of excise cases lying in different courts. All the Deputy Excise Collectors posted in the Division shall have common jurisdiction over the whole Division for the purpose of collecting information and conducting raids and investigations.
5. All the Sub-Inspectors of Excise posted in the Division shall have common jurisdiction over the whole Division for the purpose of detection and investigation of cases. All Sub-Inspectors of Excise shall have individual S.L.s, P.R.s, M.R.s and Case Registers. After detection of a particular case, the concerned Sub-Inspector of Excise shall submit a preliminary report under section 78 of the B.E. Act, 1909. The said preliminary report shall be forwarded to the Deputy Commissioner of Excise by the concerned Deputy Excise Collector through the Superintendent of Excise of the Division. All such cases shall thereafter be entered in the case register maintained by the concerned S.I. of Excise. A Malkhana Register number shall also be allotted to each case, by the Additional Superintendent of Excise of the Division, after the case alamats are deposited to the central malkhana under his control.
6. For the purpose of investigation, the Deputy Commissioner of Excise in-charge of the Division shall entrust one Sub-Inspector of Excise as the Investigation Officer for a particular area, preferably co-terminus with the area(s) of the Ld. Trial Court(s). The officer who will be asked to investigate the case shall thereafter take over the case records and keep the same under his control. The case register maintained by the detecting officer will thereafter show the case as transferred to the Investigating officer. The same will be recorded in the case register maintained by the Investigating officer as a transferred case. He shall keep a record of the case register number of the Detecting officer also. The Investigating officer shall submit the magisterial report and shall also be responsible for the follow-up actions including prosecution of the case before the Ld. Trial Court.
7. The Deputy Commissioner of Excise shall depute one or more Sub-Inspector(s) of Excise to remain in charge of each of the existing EIB Check posts/Circles.
8. All excise raids shall normally originate from the Headquarter of the Excise Divisions and shall be duly informed to the concerned Deputy Commissioner of Excise in-charge of the Division. The place of origin of excise raids may however change, with the prior approval of the Deputy Commissioner of Excise or the Superintendent of Excise of the Division. The Superintendent of Excise shall also organize joint raids under the supervision of senior officer/(s) with due intimation to the concerned Deputy Commissioner of Excise. In case of execution of secret information collected by any S.I. of Excise or Deputy Excise Collector, raids will be undertaken after obtaining the assistance of other S.I.s of Excise and staff, who may be allotted by the Superintendent of Excise or the Addl. Superintendent of Excise with due information to the Deputy Commissioner of Excise of the Division.
9. All Assistant Sub-Inspectors of Excise shall also have common jurisdiction throughout the Division. They shall have individual S.L.s and P.R.s also. The Assistant Sub-Inspectors may either be tagged with the S.I.s of Excise or the Addl. Superintendent of Excise as the Deputy Commissioner of Excise may think proper. In case he is attached with a S.I. of Excise, any detection made by him shall be entered in the case register maintained by the concerned S.I. of Excise. In case he is attached with the Addl. Superintendent of Excise, the case detected by him shall be entered in the case register of the S.I. of Excise, whose jurisdiction is co-terminus with the Ld. Magistrate, in whose jurisdiction the case is detected. Preliminary Report, under Section 78 of the B.E. Act shall be submitted by him, through the S.I. of Excise, in whose case register the case is entered.
10. The Deputy Commissioner of Excise shall attach such number of Excise Constables as he may deem fit with himself, the S.E., Addl. S.E., D.E.C.s, and the S.I.s of Excise. The remaining Excise Constables shall be under the Addl. Superintendent of Excise and shall be allotted for performing raids and other duties by the said Addl. S.E. as and when required.
11. Diary and work done statement shall be furnished by every Sub-Inspector of Excise and A.S.I. of Excise to the Superintendent of Excise of the Division through their respective Deputy Excise Collectors. The Additional Superintendent of Excise and Deputy Excise Collectors shall also submit their tour diaries to the Deputy Commissioner of Excise through their respective Superintendents of Excise. The Superintendent of Excise shall submit his diaries directly to the concerned Deputy Commissioner of Excise, who shall forward the same to the Excise Commissioner with his opinion.
12. The Deputy Commissioner of Excise shall inspect or cause to inspect the case records and registers held by a S.I. of Excise posted under him. He shall also hold regular meetings with the Superintendents of Excise of districts within his jurisdiction for organising effective raids. Since it is one of his duties to monitor excise cases of officers posted in districts within his jurisdiction, he shall inspect the case records of such officers once a year and shall intimate his observations to the Excise Commissioner and the Collector of the concerned district.

Principal Secretary to the Govt. of W.B.
Excise Department

No. 651-Ex dated 03.07.2013