BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 08/11/2023 CORAM The Hon'ble Mr.Justice G.ILANGOVAN Crl.OP(MD)No.19802 of 2023 and Crl.MP(MD)Nos.15526 and 15529 of 2023 V.Nehru : Petitioner/Sole Accused Vs.

1.The Inspector of Police, Vengamedu Police Station, Karur District.

(In Crime No.464 of 2021) : R1/Complainant

2.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 impugned Charge Sheet in STC No.2451 of 2023 pending on the file of the Judicial Magistrate Court No.1, Karur and to quash the same and pass such further or other orders. For Petitioners : Mr.N.Marimuthu For Respondents : Mr.M.Sakthi Kumar Government Advocate (Criminal side)

O R D E R

This criminal original petition has been filed seeking quashment of the case in STC No.2451 of 2023 pending on the file of the Judicial Magistrate No.1, Karur.

2.The case of the prosecution is that on 12/07/2021, 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 17 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.464 of 2021 was registered for the offence under section 4(1)(a) of Tamil Nadu Prohibition Act. After completing the investigation, final report was filed and it was taken cognizance in STC No.2451 of 2023 by the Judicial Magistrate No.I, Karur.

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 17 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 case in STC No.2451 of 2023 on the file of the Judicial Magistrate No.1, Karur is herein quashed. Consequently, connected Miscellaneous Petitions are closed.

07/11/2023 Index:Yes/No Internet:Yes/No er To, 1.The Judicial Magistrate No.III, Karur.

2.The Inspector of Police, Vengamedu Police Station, Karur District.

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

G.ILANGOVAN, J er

07/11/2023