O R D E R

This Criminal Original Petition has been filed to quash the charge sheet in S.T.C.No.48 of 2020 on the file of the learned Judicial Magistrate, Ambasamuthiram, Tirunelveli District .

2. According to the petitioner the first respondent police registered First Information Report in Crime No.163 of 2019 for the offences under Sections 4(1)(i) of TNP Act and thereafter the case was charge sheeted in S.T.C. No.48 of 2020 and taken on the file by the learned Judicial Magistrate, Ambasamuthiram, Tirunelveli District. According to the prosecution on 01.05.2019 at about 20.00 hrs when the defacto complainant who is the Sub Inspector of Police along with police officials were on duty at that time he came to know that the petitioner was holding a cotton bag containing 7 bottles of Honey Day brandy 180ml. The entire liquor quantity was recovered from the petitioner was measured as 1.260 litre and the police recovered the liquor and amount of Rs.150/- and then he lodged First Information Report. Even as per the First Information Report the petitioner has not committed any offence and even as per the First Information Report there is no prima facie material available to constitute the offence. As per guideline 2.7 of the Prohibition and Excise Wing of Home Prohibition and Excise Department manual the respondent is not authorised to register the First Information Report and only the Inspector of Police is the competent person to register the First Information Report and the quantity is also below the permitted quantity. Therefore the registration of the First Information Report and the filing of final report by the respondent police is not in accordance with law and the same is liable to be quashed.

3. No counter was filed by the respondents.

4. The learned counsel for the petitioner would contend that the respondent police have registered First Information Report in Crime No.163 of 2019 for the offences under Sections 4(1)(i) of TNP Act and thereafter the case was taken on file in S.T.C. No.48 of 2020 by the learned Judicial Magistrate, Ambasamuthiram, Tirunelveli District. The respondent has no jurisdiction to register the First Information Report and investigate the case. The quantity is 1.260 litres and it is permissible. Therefore the petitioner has not committed any offence even as per the First Information Report no offence is made out and thereby the charge sheet is liable to be quashed.

5. The learned Government Advocate(Crl.Side) appearing for the official respondent would contend that while the respondent was on patrol on the date of occurrence saw the petitioner that he had possessed 7 bottles of Honey Day Brandy 180ml and he was having Rs.150/- from the sale of the above said liquor, thereby registered the case and filed final report, hence the petition is liable to be dismissed.

6. Heard both sides and perused the materials available on record.

7. On perusal of the records, it is observed that the First Information Report was registered for the offences under Sections 4(1)(i) of TNP Act and thereafter charge sheet was filed on the same day. Even according to the First Information Report the alleged occurrence took place on 01.05.2019 at about 21.00 hrs but as per the charge sheet the occurrence took place at 16.30 hrs and the charge sheet was filed on the same day. As contended by the learned counsel for the petitioner as per the Tamil Nadu Prohibition Act some guidelines were issued and separate wing has been formed and there are some rules and regulations to register the case and investigate the case and they prepared separate manual. In a similar case this Court in Crl.O.P(MD) No.12446 of 2020 has discussed about the powers of officers to register the case and investigate the case under Tamil Nadu Prohibition Act has been elaborately discussed and thereafter it was quashed.

8. According to the 2.7 of the said manual the e Additional Director General of Police (Enforcement) is the head of this unit and he is assisted by