HC quashes criminal proceedings against TN man for possession of Puducherry liquor

The Madras High Court has quashed a criminal case against a man for alleged possession of 1.68 litres of Puducherry-made liquor and for the alleged attempt to illegally sell it in Tamil Nadu. The court, citing relevant rules, held that 1.68 litres was within the permissible limit for personal consumption and quashed the criminal proceedings. While claims were made on social media that up to ''4.5 litres of alcohol is allowed'' from Puducherry into the state, police sources categorically stated that no liquor from outside Tamil Nadu will be permitted. ''We will file an appeal against this court order. As per law, not even a single bottle of liquor can be brought into Tamil Nadu from other states/UTs, including Puducherry,'' a senior police officer told PTI. The prosecution's case was that on January 5, 2025, at about 4 pm, near the Allpettah check post within Tamil Nadu limits, the petitioner, A Vallarasu, a resident of Cuddalore district, was found carrying Puducherry-made alcoholic beverages. He had one 750-ml bottle each of Napoleon Brandy and Old Monk Rum, in addition to a 180-ml bottle of Old Monk Rum. In total, he owned 1,680 ml of Puducherry-origin liquor in a black plastic bag, allegedly for the ''purpose of sale.'' Police registered a case against the petitioner under the Tamil Nadu Prohibition Act (Amendment), and a final report was filed, which was taken on file by the Judicial Magistrate–II, Cuddalore. All listed witnesses were police officials; no independent witnesses were cited. The counsel for the petitioner submitted that the FIR did not attract the ingredients of any offence under the Tamil Nadu Prohibition Act or the Indian Penal Code. The allegations in the FIR were described as absurd and inherently improbable, on the basis of which no person could be prosecuted. The counsel further submitted that, as per a Government Order dated 09.06.2017, a person can legally carry a maximum of 4.5 litres of Indian Made Foreign Liquor for personal use. In the present case, the petitioner was found in possession of only 1.68 litres of liquor. Hence, no offence was made out, and the FIR was liable to be quashed. The counsel also cited the Tamil Nadu Liquor (Possession for Personal Consumption) Rules, 1996. The Additional Public Prosecutor submitted that the petitioner was ''illegally selling liquor bottles to the public.'' On receipt of a complaint, the police reached the spot, seized the liquor bottles, and arrested the petitioner. He strongly opposed the quashing of the case. Justice M. Nirmal Kumar, in his order dated April 8 2026, stated that, considering the facts and circumstances of the case and taking note of the Tamil Nadu Liquor (Possession for Personal Consumption) Rules, 1996, it is clear that an individual can carry 4.5 litres of Indian Made Foreign Spirits for personal use. In the present case, the petitioner was found in possession of 1.68 litres. Citing provisions of the Government Order fixing the upper limit for possession of alcoholic beverages for personal consumption, the court observed that, ''in view of the above, this criminal original petition is allowed.'' Accordingly, the case on the file of Judicial Magistrate–II, Cuddalore, was quashed. As per the rules cited by the court, in Tamil Nadu, for personal consumption, an individual may possess up to 4.5 litres of Indian Made Foreign Spirits/foreign liquor. In the case of beer and wine, the limits are 7.8 litres and 9.0 litres, respectively.

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