'Under permissible amount': Madras HC quashes case on man carrying Puducherry liquor into Tamil Nadu

CHENNAI: The Madras High Court has quashed criminal proceedings against a Cuddalore resident, holding that possession of 1.68 litres of liquor was within the permissible limit for personal consumption and did not constitute an offence.

According to case records, the Tamil Nadu Police intercepted a vehicle during a routine check at the Allpettai check post in Cuddalore district, near the Puducherry-Tamil Nadu border. The vehicle was driven by Vallarasu, a resident of Kattumylore in the district.

Upon inspection, the police recovered a 750 ml bottle of Napoleon Brandy, a 750 ml bottle of Old Monk Rum, and a 180 ml bottle of Old Monk Rum. The liquor, stated to be from Puducherry and allegedly banned in Tamil Nadu, was found in a black plastic cover, suspected to be intended for sale.

A case was registered against Vallarasu under Sections 4(1)(c) and 4(1-A) of the Tamil Nadu Prohibition Act (Amendment), citing restrictions on the import of liquor from Puducherry into Tamil Nadu. The case was pending before the Judicial Magistrate-II, Cuddalore.

Challenging the proceedings, the petitioner moved the High Court seeking to quash the case. When the matter came up for hearing, Justice M Nirmal Kumar heard submissions from both sides.

Vallarasu's counsel contended that the allegations in the FIR were inherently improbable and did not disclose any offence. It was argued that, as per a 2017 Government Order, an individual is permitted to possess up to 4.5 litres of Indian Made Foreign Spirits for personal use. In this case, the petitioner was found with only 1.68 litres.

The public prosecutor, appearing for the police, submitted that the petitioner was engaged in the illegal sale of liquor and opposed the plea for quashing, stating that the investigation was nearing completion.

Accepting the petitioner's submissions, the court observed that under the Tamil Nadu Liquor Rules, possession of up to 4.5 litres for personal use is permissible. As the quantity seized was well within this limit, no offence was made out.

The court accordingly quashed the proceedings pending against the petitioner.