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Remedy against police action for carrying alcohol from Delhi to Noida


21-May-2023 (In Criminal Law)
Hello Sir, while returning from my office (gurgaon) to Noida I bought 2 bottle of red wine and kept it in my office cab with one more colleague accompanying with me. But at delhi noida border (near Kalindi Kunj), Police stopped our cab and started searching and they found those two bottle. After that they filled a form and took my signature over there and kept my bottles also. They told me that I will geytting summon from CJM then I will have to go and pay the fine. I don’t know if it was correct rule or what. I asked them this much we can carry but they told not a single drop you can carry.. pls suggest
Answers (5)

Answer #1
250 votes

The Uttar Pradesh Excise Act, 1910 governs the rules for the transportation of alcohol from Delhi to Noida. As per the Act, if someone carries more than one sealed bottle of liquor from a neighbouring state into UP, it is considered a non-bailable offence. As per the applicable excise law, an individual can only bring one unsealed bottle from another state into UP for personal consumption, which must not exceed one litre. However, if the bottle is sealed, the offender can be taken to task by the State excise officials.
However, it's important to note that drinking in public places is strictly prohibited in Uttar Pradesh and can lead to legal consequences.

If you wish to file a complaint against a police officer for misconduct, you can do so under the following laws:

1. The Indian Penal Code (IPC): If the police officer has committed a criminal offence, such as assault or wrongful confinement, you can file a complaint under the IPC. Section 166A of the IPC specifically deals with public servant disobeying directions under the law.

2. The Police Act, 1861: Under Section 7 of the Police Act, you can file a complaint with the police department's higher authorities against the police officer for misconduct.

3. The Human Rights Act, 1993: Under this act, you can file a complaint with the State Human Rights Commission if you believe that your human rights have been violated by the police officer.

It's worthwhile to know that filing a complaint against a police officer can be a complex and challenging process, and it is advised that you seek legal assistance to ensure that your rights are protected.


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Answer #2
646 votes
The amount of liquor that one can carry in car while travelling from Delhi to Noida is determined under the prevalent excise laws. Under the Uttar Pradesh Excise Act, 1910 carrying more than one sealed bottle of liquor from a neighbouring State into UP is a non-bailable violation, with a maximum penalty of five years in prison and a fine of ₹5,000 or 10 times the revenue the State would have lost from the bottle, whichever is larger. A person is only allowed to bring one unsealed bottle from another state into UP at a time, according to the applicable excise law. This 1 litre liquor is allowed only for personal consumption in UP. But the bottle must be unsealed. If the bottle is sealed, the excise department will take action.
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Answer #3
847 votes
You should have immediately reported the matter to the nearest police station. There is no law against carrying two bottles of wine, if you are telling the truth. You can now report the matter to the concerned SP i.e., SSP NOIDA, narrating the entire incident mentioning the time of the event. You can also file a complaint case against those errant police men. They will be sent to lines immediately.

Answer #4
884 votes
The cost of alcohol is cheap in Delhi so, mostly people buy alcohol from Delhi and sell in UP, this is why the UP excise department has made it strict to carry only one opened bottle from another state to UP.

“Sealed bottles are not allowed and anyone caught with even one sealed bottle will be booked under the Excise Act for smuggling liquor.
Answer #5
936 votes
you can carry alcohol in your vehicle upto a permissible limit, you should consult your CA for this and he will be able to tell you what would be the exact limit you can carry, you can wait till you get a summon or you can follow up the complaint in the respective department, but you should take a legal consult.

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