BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 22/06/2023 CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.OP(MD)No.10230 of 2023 and Crl.MP(MD)No.8138 of 2023 N.Valliyammal : Petitioner/Sole Accused Vs.

1.The Inspector of Police, Vengamedu Police Station, Karur District. : R1/Complainant

2.T.Lakshmi The Sub Inspector of Police, Vengamedu Police Station, karur District . : R2/De-facto Complainant Prayer: Criminal Original Petition has been filed under section 482 of the Criminal Procedure Code, to call for the records relating to the FIR in Crime No.147 of 2023 on the file of the 1st respondent and quash the same.

For Petitioner : Mr.N.Marimuthu For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor

O R D E R

This criminal original petition is filed seeking quashment of the FIR in Crime No.147 of 2023 on the file of the 1^st respondent.

2.The case of the prosecution is that on 14/04/2023, the police team were on the routine patrolling duty. At that time, on secrete information, they went to Vengamedu Thangaraj Nagar, at that time, they found the accused in possession of 4 bottles containing 180 ml each of Indian made foreign Liquor. He tried to flee away from that place, but apprehended. Upon which, a case in Crime No. 147 of 2023 was registered for the offence under section

4(1)(a) of Tamil Nadu Prohibition Act.

3.Seeking quashment of the same, this petition has been filed by this petitioner on the sole ground that he was in possession of permissible quantity, as per Government norms.

4.Heard both sides.

5.For better appreciation, the Tamil Nadu Liquor (Possession for personal consumption) Rules, 1996 (G.O.Ms.No.75, P & E, dated 19^th April 1996 is extracted hereunder:-

(1)...

(2)Possession of liquor for personal consumption:- No personal shall possess the liquor mentioned in column (1) of the Table below, which have already been specified under sub clause (I) of sub section (1) of Section 4 of the Tamil Nadu Prohibition Act 1937 (Tamil Nadu Act X of 1937) for person consumption, in excess of the quantity specified in the corresponding entries in column(2)

thereof.

1.TABLE Amended Vide G.O.(Ms)No.14, H.P & EVI Department, dated 09.06.2017.

6.As per the above said Government norms, an independent is permitted to be in possession of Indian made foreign liquor weighting 4.50 liters.

7.Here, the allegation is that the petitioner was found in possession of 4 bottles of Indian made foreign liquor each containing 180 ml, which comes within the permissible limit. So, no case has been made against the petitioner.

8.In the result, this criminal original petition is allowed. The FIR in Crime No.147 of 2023 on the file of the first respondent is herein quashed. Consequently, connected Miscellaneous Petition is closed.

22/06/2023 Index:Yes/No Internet:Yes/No er To, 1.The Inspector of Police, Vengamedu Police Station, Karur District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

G.ILANGOVAN, J er Crl.OP(MD)No.10230 of 2023

22.06.2023