EMN
DIMAPUR, JULY 19
THE Against Corruption & Illegal Taxation (ACAUT) has lodged a First Information Report (FIR) against the Excise department for pilfering confiscated alcohol, and has asked the slumbering Vigilance Commission to prosecute the erring department. The commission is asked to investigate the role of the commissioner of Excise as well as departmental officials.
A copy of the FIR addressed to the Vigilance Commission issued to the media has accused the Excise department of pilferage of 2, 054 cases of liquor, as detected by the ACAUT on May 26. “As per the figures laid out by the Commissioner of Excise, 85,065 bottles/cans or a total of 4448 cases of IMFL/beer were supposed to be destroyed by the Excise office on 26th May, 2014 (Table: Nagaland Post, dated 27th May). The ACAUT Nagaland team visited the destruction site, as per the order of the Commissioner, Excise, inviting NGOs to witness the destruction (order enclosed dated 22nd May 2014) and on counting the number of IMFL/Beer that was unloaded from 4 vehicles in 7 trips from the Excise ‘Malkhana’ to the commissioner office found out that only 2, 394 cases or 53.82% were destroyed,” the ACAUT stated in its FIR.
“In other words 2054 cases of IMFL/beer or 46.18% were missing. This counting was done in the presence of independent observers, such as the media,” the ACAUT stated. The Superintendent of Excise, KY Sangtam while not refuting the claim of the ACAUT released a media statement that 3, 480 cases of IMFL were destroyed. “(This) means 968 cases are still missing. In the same press release, the commissioner claimed that the destruction was carried out as per the court’s order,” the organization stated.
The ACAUT ‘totally’ rejected the statement of the Superintendent of Excise as incorrect. “The department in clarifying that 3, 480 cases were destroyed is also tacitly agreeing with the ACAUT observation that huge quantity of IMFL/beer was diverted to the black market as according to the superintendent’s given figure, 980 cases of IMFL/beer were missing, thereby vindicating the stand of ACAUT,” the FIR stated.
The vice-president of Dimapur Urban Colony Council Chairmen Federation also sensed that the number of cases brought for destruction being suspiciously lower than the actual number slated for destruction, had asked the department officials to stay the destruction, the ACAUT also informed.
“But the Excise officials chose to go ahead with it. Thereafter, the Commissioner of Excise Maongwati Aier’s gave a statement that ‘ACAUT Nagaland members did not seek permission from the Excise department for counting the IMFL bottles’ whereas none was necessary since NGOs were invited too as per his statement in the media,” the ACAUT reminded.
The NGOs that witnessed the counting process by ACAUT members were Dimapur Urban Colony Council Chairmen Federation, Dimapur Naga Students’ Union, Youth Association of Nagaland, Business Association of Nagas, Dimapur Chamber of Commerce & Industries, East Dimapur Business Association and NPMHR.
“According to Nagaland Liquor Total Prohibition Act, 1989, the commissioner is supposed to take action under clauses 35, 36, 37, chapter-4 where the department is empowered to enter, search, make seizure and arrest, but the department has miserably failed to take action,” the ACAUT stated.
It further stated that it is an open admission before that selling/serving of IMFL/beer in a prohibited state is possible simply because the department at the highest level has some sort of comfortable understanding with mafia elements dealing in IMFL/beer. There is also clear abdication of responsibility on the part of the commissioner, it stated.
“The Commissioner of Excise issuing show-cause notice to a subordinate officer nor the suspension and transfer of a few officers cannot end this matter since the ACAUT is raising the issue of 2, 054 missing cases running into tens of lakhs which a few mid-level officers cannot manipulate unless with the express understanding of their top officials. The Show-Cause notice issued by the commissioner upon a subordinate officer on 3/6/14 is itself an admission that the department has erred despite the commissioner previously declaring in media reply to the ACAUT that the department has done no wrong,” the ACAUT stated.
Some of the corroborations for its allegations the ACAUT presented was the commissioner’s apology letter of 12th June that he had “Personally enquired and verified from the personnel of the Dimapur District Excise office on 27/5/14 and it was found that the Superintendent of Excise, Dimapur did not bring the entire consignment as per the claim of ACAUT for which the Show Cause notice was issued.” This statement is in contradiction to his earlier statement of 3nd June, 2014, where he defended his position and insisted that ACAUT was in the wrong.
The Parliamentary Secretary for Excise Torechu had also demanded that disciplinary action be taken against erring officials. “Therefore, that all the guilty personnel should be brought to book irrespective of rankings and political clout,” the ACAUT stated. Commissioner & Secretary for Excise Ramongo Lotha had also ordered the suspension of KY Sangtam, Superintendent of Excise of Dimapur and Limawati, Inspector of Excise.
“It has also come to the knowledge of the ACAUT that two more personnel have been transferred out of Dimapur under the same case. However, copies of the suspension/transfer have not been enclosed since the department has refused to hand over the copies to ACAUT under flimsy pretext. These suspensions/transfers are an admission that the department has erred,” the organization stated.
The ACAUT has asked the Vigilance commission to realize the missing liquor and initiate recompense. “The missing cases of 2054 IMFL/beer worth several lakhs of rupees- street value upward of Rs. 20-30 lakhs should be realized from the department and deposited in cash to the Government treasury by the Excise department,” the ACAUT stated. The role of the Commissioner of Excise and the Excise department should also be investigated and appropriate action taken, it demanded.
“Prohibition in Nagaland is not at all implemented by the concerned department (photographic evidence enclosed). There is a clear pattern of understanding between the department and the liquor mafia in the state. This responsibility has to be fixed as per the law of the land,” the ACAUT stated.
