Section 27 in Andhra Pradesh Excise (Grant of licence to sell Toddy, Conditions of Licence and Tapping of Excise Trees) Rules 2007
27.
(1)Drawal of the samples.- Any Prohibition & Excise Officer, not below the rank of Sub- Inspector of Prohibition & Excise or Food Inspector appointed under the prevention of Food Adulteration Act, 1954, shall be competent to inspect at any time and to take samples from the toddy possessed by the Licensee or any other person. for the purpose of analysis. Such Officer shall take three (3) samples in the presence of the licensee or his Agent or other person in charge of the Licenced premises or who is found selling toddy in the said premises. After conducting a panchanama. The samples shall be sent to the Court having jurisdiction with a requisition to send, one of the samples expeditiously to the Chemical Examiner of the Prohibition & Excise Department having jurisdiction in the region, in which licensed premises are situated or to any independent laboratory as instructed by the Commissioner for Chemical Examination. If the sample sent to the Chemical Examiner/Laboratory is damaged in transit or otherwise before the completion of the analysis, the Court may be requested by the concerned officer to send a second sample to the Chemical Examiner/Laboratory. If the Licensee desires that the sample should be sent for analysis, to an independent laboratory he may apply to the prohibition and Excise superintendent within three (3) days of the drawl of sample. In case, where Licensee or any one of his Nowkarnama holder was not present at the time of taking of sample, the Licensee may apply to the concerned Prohibition & Excise Superintendent within seven (7) days from the date of communication of drawl of sample. The application should be accompanied by demand draft for an amount sufficient to cover the analysis charges. If no such application is filed within the requisite time limit, the Licensee shall not be entitled to seek analysis thereafter. On receipt of the application within the time and with requisite Demand Draft, the concerned officer shall request the court to send a sample to the independent laboratory;Provided that any adverse analysis report will constitute sufficient cause for the purpose of exercising the power under Section 31 of the Act, by the authority granting licence or permit to safeguard the public health.Provided further that the officer requesting the court to send a sample to an independent laboratory on the application of the Licensee has to indicate the name of the independent laboratory to the CourtExplanation. - Independent Laboratory means any laboratory over which the Government of Andhra Pradesh has no control.(2)Manner of Packing, Sealing, Labeling and Addressing the Samples. - All samples of toddy taken under sub-rule (1) shall be packed, fastened and sealed in the following manner, namely:-(a)The stopper shall first be securely fastened so as to prevent relevant leakage of the contents in transit.(b)The bottle, jar or other container shall then be completely wrapped in fairly strong thick paper. The ends of the paper shall be neatly folded in and affixed by means of gum or other adhesive.(c)A proper slip of the size that goes round completely from the bottom to top of the container bearing the signature and code of the inspecting officer, shall be pasted on the Wrapper, the signature or the thumb impression of the person from whom the sample has been taken being affixed in such a manner that the paper slip and the wrapper both carry a part of the signature or thumb-impression:Provided that in case, the person from whom the samples have been taken refuse to affix his signature or thumb-impression, the signature or thumb-impression of the witnesses shall be taken in the same manner;(d)The paper cover shall be further secured by means of strong twine or thread both above and across the bottle, jar or other container, and the twine or thread shall then be fastened on the paper cover by means of sealing wax on which there shall be at least four distinct and clear impressions of the seal of the sender, of which one shall be at the top of packet, one at the bottom and the other two on the body of packet. The knots of the twine or thread shall be covered by means of sealing wax bearing the impression of the seal of the sender.(3)Manner of Dispatching the Samples. - The samples after following procedure laid down in sub rule (2) shall be forwarded to the Court as specified in sub rule (1) immediately after the drawl of the samples but not later than the succeeding day by any suitable means. A copy of the specimen impression of the seal, used to seal the sample shall be sent to the Chemical Examiner separately by registered post or delivered to him or to any person authorized by him.(4)Contents of one or more similar sealed containers having identical labels to constitute the quantity of a sample. - Where toddy is sold or stocked for sale or for distribution in sealed containers having identical labels of declaration, the contents of one or more such containers as may be required to satisfy the minimum quantity necessary for conducting analysis as deemed sufficient by the Chemical Examiner shall be treated as part of the sample. The quantity of sample sent for analysis shall be considered as sufficient unless the Chemical Examiner reports to the contrary.(5)Spot Test by Prohibition & Excise Officers. - It shall be lawful for an officer of and above the rank of Prohibition and Excise Sub Inspector to subject the toddy or any other substance that is available in the Licenced premises or in its vicinity to Chemical Examination by a test conducted on the spot in order to find out prima facie whether the toddy has been adulterated with drugs or chemicals in order to enhance its intoxicating quality.Provided that it shall be the responsibility of the Licensee to report forthwith in the nearest Prohibition and Excise Station any possession, storage or sale of toddy by unauthorized persons within the area/locality where he holds licence.
