Sriram v. The State Rep By The Sub-Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11-03-2026
CORAM
THE HON'BLE MR JUSTICE M. NIRMAL KUMAR and Crl.M.P.No.4648 of 2026 Sriram ..Petitioner(s) Vs The State Rep by The Sub-Inspector of Police PEW-Gobi Police Station, Erode District 638 452.
(Cr.No.209 of 2024) ..Respondent(s) Criminal Original Petition is filed under Section 528 of B.N.S.S., to call for records of the proceedings in C.C.No.187 of 2025 on the file of the Judicial Magistrate Court, Sathyamangalam and quash the same. For Petitioner(s):
Mr.Karthikeyan for M/s.GMS Law Associates For Respondent(s):
Mr.Leonard Arul Joseph Selvam, Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed to quash the proceedings in C.C.No.187 of 2025 pending on the file of the Judicial Magistrate Court, Sathyamangalam.
2.
The case of the prosecution is that on 30.04.2025, while the petitioner was returning from Bangalore with his office colleague in his car, he was intercepted by the respondent police near Asanur Check Post. The respondent police alleged that the petitioner was in possession of a bag containing 5 tins of Karnataka liquor(Budweiser Magnum Beer), totalling 2.5 litres. Hence, the respondent lodged a complaint and a case in Crime No.159 of 2025 was registered against the petitioner for the offence under Sections 4(1)(c) of the Tamil Nadu Prohibition (Amendment) Act, 2024. After completion of investigation, the final report was filed before the Judicial Magistrate, Sathyamangalam and the same was taken cognizance in C.C.No.187 of 2025. 3.
The learned counsel for the petitioner submitted that the FIR does not attract ingredients of any offence under the Tamil Nadu Prohibition Act, 1937. The allegations made in the FIR are so absurd and inherently improbable, on the basis of which no person can be prosecuted. The learned counsel further submitted that as per the Tamil Nadu Liquor (Possession for Personal Consumption) Rules, 1996, a person can carry maximum of 7.8 litres of beer lawfully for personal use, but in the present case, the petitioner was found only in possession of 2.5 litres of beer. According to the petitioner, he comes under the exempted category and hence, no offence is made out against him and he prays for quashing of FIR. The learned counsel for the petitioner relied upon
the Tamil Nadu Liquor (Possession for Personal Consumption) Rules, 1996 (G.O.Ms.No.75, P & E, dated 19.04.1996) and also relied on the judgment of this Court in R.Kandasamy Vs. The State and another (Crl.O.P.No.11967 of 2021).
4.
The learned Additional Public Prosecutor appearing on behalf of the respondent Police fairly submitted that the petitioner was found in possession of 5 tins of liquor totalling about 2.5 litres and that the permissible limit is 7.8 litres as per the Tamil Nadu Liquor (Possession for Personal Consumption) Rules, 1996. When the petitioner was intercepted and enquired, he admitted that he had carried 2.5 litres of beer only for his personal use. He also submitted that there are no bad antecedents against the petitioner and that there is no similar case against him.
5.
Considering the facts and circumstances of the case and also taking notice of the Tamil Nadu Liquor (Possession for Personal Consumption) Rules, 1996, (G.O.Ms.No.75, P & E, dated 19.04.1996, relied upon by the learned counsel for the petitioner, it is revealed that an individual can carry 7.8 litres of beer for his personal use. Here, in the present case, the petitioner was in possession of 2.5 litres of Budweiser Magnum Beer. For better appreciation, the relevant portion of the said Government Order is extracted hereunder:- "2.Possession of liquor for personal consumption:- No
person shall possess the liquor mentioned in column (1) of the Table below, which have already been specified under Sub-clause (i) of clause (j) of sub-section (i) of Section 4 of Tamil Nadu Prohibition Act, 1937 (Tamil Nadu Act X of 1937), for personal consumption, in excess of the quantity specified in the corresponding entries in column (2) thereof S.No.
Liquor Quantity (in Litres) Indian Made Foreign Spirits 4.5 Foreign Liquor 4.5 Beer 7.8 Wine 9.0 6.
In view of the above, this Criminal Original Petition is allowed and the proceedings in C.C.No.187 of 2025 on the file of the Judicial Magistrate, Sathyamangalam, is hereby quashed. Consequently, the connected Criminal Miscellaneous Petition is closed.
11-03-2026 Index: Yes/No Speaking/Non-speaking order VKR To 1.The Judicial Magistrate, Sathyamangalam.
2.The Sub-Inspector of Police PEW-Gobi Police Station, Erode District 638 452.
3.The Public Prosecutor, High Court of Madras.
M.NIRMAL KUMAR, J.
VKR 11-03-2026