Nikhil Nath v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.02.2021

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Crl.OP.No1104 of 2019 & Crl.MP.No.715 of 2019 Mr.Nikhil Nath

...Petitioner

/Accused No.2 .Vs.

State Rep.by the The Inspector of Police, F-3, Nungambakkam Police Station, Chennai.

Cr.No.658 of 2018 ..Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in C.C.No.9121 of 2018 pending on the file of the learned XIV Metropolitan Magistrate Egmore at Chennai and quash the same. For Petitioner : Mr.V.S.Senthil Kumar For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This criminal original petition has been filed seeking to quash the proceedings in C.C.No.9121 of 2018, pending on the file of the XIV Metropolitan Magistrate Egmore, Chennai. 2.Heard Mr.V.S.Senthil Kumar, learned counsel for the petitioner and Mr.M.Mohamed Riyaz, learned Additional Public Prosecutor appearing on behalf of the respondent. 3.The respondent police has filed a Final Report against the petitioner for an alleged offense under Section 24 of the Tamil Nadu Prohibition Act, 1937. For proper appreciation, the provision is extracted hereunder:

24. Penalty for breach of the conditions of licences and permits. - In the event of any breach by the holder of such licence or permit or by his servants or by any one acting with his

express or implied permission on his behalf, of any of the terms or conditions of such licence or permit, such holder shall, in addition to the cancellation or suspension of the licence or permit granted to him, [be punished with [....] imprisonment for a term which may extend to three years, and with fine which may extend to three thousand rupees.

4.It is seen from the licence issued to the Club and also the circular issued by the Commissioner of Prohibition and Excise that even the guests of the members are eligible for consuming liquor in the Clubs. In other words, a member can bring anyone as guest to the Club and such a guest can consume liquor.

5.The allegations made in the Final Report generally states that at the time of investigation, many non-members were found to be consuming liquor. There is absolutely no material to show as to whether any verification was done by the Investigation Officer to see if these non-members were the guests brought by the member of the Club. Till such verification is done, the consumption of liquor by a non-member by itself will not amount to violation of the condition of licence. This crucial factor has not been investigated in this case.

6.In view of the above discussion, this Court finds that there are absolutely no materials to sustain the charge under Section 24 of the Tamil Nadu Prohibition Act, 1937 against the petitioner and the continuation of the proceedings will amount to an abuse of process of Court which requires the interference of this Court under Section 482 of Cr.P.C. 7.In the result, the proceedings in C.C.No.9121 of 2018, on the file of the XIV Metropolitan Magistrate Egmore, Chennai, is hereby quashed.

8.This Criminal Original Petition is accordingly allowed. Consequently, connected miscellaneous petition is closed.

s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar

To 1.The Inspector of Police, F-3, Nungambakkam Police Station, Chennai.

2.XIV Metropolitan Magistrate Court, XIV Metropolitan Magistrate, Egmore,Chennai.

3.The Public Prosecutor, High Court, Madras.

Crl.OP.No.1104 of 2019 SSD(CO) SP(09/03/2021)