Crl.O.P.No. 5555 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 27.02.2025 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 5555 of 2025 Tamilselvan .... Petitioner Vs The Inspector of Police, PEW Namakkal Police Station, Namakkal. Cr.No.24/2025. .... Respondent PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records pertaining a case in Crime No.24 of 2025 on the file of the respondent and quash the same. For Petitioner : Mr.P.Dasarathan For Respondent : Mr.K.M.D.Muhilan Government Advocate (Crl.Side) O R D E R This Criminal Original Petition has been filed to quash the FIR in Crime No.24 of 2025 on the file of the respondent, registered for the offences under Sections 4(1)(C), 14(A) of the Tamil Nadu Prohibition https://www.mhc.tn.gov.in/judis Crl.O.P.No. 5555 of 2025 (Amendment) Act, 2024. 2. The case of the prosecution is that during a routine vehicle check up conducted by the respondent and other police officials at 12.00 p.m. on the Vallipuram to Keerambur tollage road, a TATA Goods Carrier Container Lorry bearing Registration No.KA-51-AH-8849 was seen making a U-turn and speeding away. The second respondent, along with other officials, pursued and stopped the vehicle. On inspection, they found three 750 ml bottles of Old Monk Very Old Vatted Special XXX Rum, totalling 2.25 liters, valued at Rs.2,265/-. Hence, the complaint was registered. 3. The learned counsel for the petitioner would submit that in order to attact the offence under Section Tamil Nadu Prohibition (Amendment) Act, 2024, there is absolutely no ingredients available to register the FIR as against the petitioner. As per G.O.Ms.No.14H.P & EVI Department, dated 09.06.2017, a person can carry maximum of 4.5 liters of Indian made Foreign Spirits lawfully for personal use. 4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submitted that the petitioner was found in illegal https://www.mhc.tn.gov.in/judis Crl.O.P.No. 5555 of 2025 possession of 2.25 liters of liquor. 5. Heard the learned counsel appearing on either side and perused the materials available on record. 6. Admittedly, the petitioner was found in possession of 2.25 litres of liquor. Therefore, he comes under the exceptional category and no offence is made out as against him. Further, as per the Tamil Nadu Liquor (Possession for Personal Consumption) Rules 1996 under G.O.Ms.No.75 P & F dated 19.04.1996, an individual is permitted to carry up to 4.5 liters of Indian-made foreign spirits for personal use. Therefore, the FIR in Crime No.24 of 2025 registered as against the petitioner cannot be sustained and it is liable to be quashed. 7. In view of the above, the FIR in Crime No.24 of 2025 on the file of the respondent is hereby quashed. Accordingly, this Criminal Original Petition stands allowed. 27.02.2025 Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order Lpp https://www.mhc.tn.gov.in/judis Crl.O.P.No. 5555 of 2025 G.K.ILANTHIRAIYAN, J. Lpp To 1. The Inspector of Police, PEW Namakkal Police Station, Namakkal. 2. The Public Prosecutor, Madras High Court, Chennai. Crl.O.P.No. 5555 of 2025 https://www.mhc.tn.gov.in/judis Crl.O.P.No. 5555 of 2025 27.02.2025 https://www.mhc.tn.gov.in/judis