Crl.O.P.(MD).No.12647 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.06.2026 CORAM: THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Crl.O.P(MD)No.12647 of 2026 and Crl.M.P(MD) Nos.12432 and 12433 of 2026 1. Mariselvam 2. Marikumar ...Petitioners/ Accused 1 and 2 Vs 1. State Represented by The Inspector of Police, West Police Station, Virudhunagar District. (Crime No.147 of 2024) ... 1st Respondent/ Complainant 2.S.Murugesan Sub-Inspector of Police, West Police Station, Virudhunagar District. ... 2nd Respondent/Defacto Complainant Prayer: Criminal Original Petition is filed under Section 528 of BNSS Act, 2023, praying this Court to call for records in C.C.No.21 of 2026 on the file of the Judicial Magistrate No.1, Virudhunagar and quash the same. For Petitioners : Mr.R.Balakrishnan 1/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.12647 of 2026 For R1 : Mr.P.Samuel Gunasingh Government Advocate (Crl.Side) ORDER The present petition has been filed by A1 and A2 in C.C.No.21 of 2026 on the file of the Judicial Magistrate No.1, Virudhunagar, seeking to quash the charge sheet, wherein, the petitioners are charged with the offence under Sections 4(1) (a), 4 (1) (i) r/w Section 24 of Tamil Nadu Prohibition Act. 2. A perusal of the charge sheet reveals that the petitioners along with other person were in possession of the Express Special Branch 180 Ml of 19 bottles and they were also in possession of Rs.4,560/-. According to the charge sheet, they were attempting to unlawfully sell the total quantity of 3.4 litters of liquor. 3. According to the learned counsel appearing for the petitioners, the accused persons were in possession of liquor bottles less than the what is permissible under the government Rules and therefore, prayed for quashing the charge sheet. 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.12647 of 2026 4. Heard the learned counsel appearing for the petitioners and perused the materials available on record. 5. As per Tamil Nadu Liquor (Possession for Personal Consumption) Rules, 1996, the persons is entitled to be in possession of 4.5 liters for his personal consumption. 6. In the present case, the petitioners along with other person were found to have been in possession of 3.4 litres alone. In such circumstances, mere possession of the liquor bottles would not attract the provisions on which the petitioners had been charged. 7. In view of the above said facts, the continuation of criminal proceedings against the petitioners can only be an abuse of process of law. The Charge sheet in C.C.No.21 of 2026 on the file of the Judicial Magistrate No.1, Virudhunagar, is hereby quashed. 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.12647 of 2026 8. Accordingly, this Criminal Original Petition stands allowed. Consequently connected Miscellaneous Petitions are closed. 25.06.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No ebsi To 1. The Judicial Magistrate No.1, Virudhunagar. 2. The Inspector of Police, West Police Station, Virudhunagar District. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.12647 of 2026 R.VIJAYAKUMAR,J. ebsi Crl.O.P(MD)No.12647 of 2026 25.06.2026 5/5 https://www.mhc.tn.gov.in/judis