VALLARASU Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to call for the entire records pertaining to the Impugned proceedings in CC.No.1070 of 2025 on the file of the learned Judicial Magistrate -II(FAC) Cuddalore, quash the same.

(2.) The case of the prosecution is that On 5/1/2025 at about 16.00 hours, near All pettah Check Post, within Tamil Nadu State Limits, the petitioner was found carrying Napoleon Brandy (750 ml) 1 bottle, Old Monk Rum (750 ml) 1 bottle and Old Monk Rum (180 ml) 1 bottle allegedly Puducherry State liquor said to be banned in Tamil Nadu, in a black plastic cover for the purpose of sale. The respondent police registered a case in crime No.7 of 2025 against the petitioner under Sec. 4(1)(c) and 4(1-A) of the Tamil Nadu Prohibition Act (Amendment), and a final report has been filed, which was taken on file in C.C.No.1070 of 2025 by the learned Judicial Magistrate II (FAC), Cuddalore. All listed witnesses are police officials. No independent witness has been cited.

(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 and the offence under the Indian Penal Code. 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 G.O.Ms.No.14, H.P & EVI Department, dtd. 9/6/2017, a person can carry maximum of 4.5 of Indian Made Foreign Spirits lawfully for personal use, but in the present case, the petitioner was found in possession of 1.68 litres of liquor. According to the petitioner, he comes under the exceptional 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, dtd. 19/4/1996).