The Madras High Court has clarified that the government order (GO) permitting possession of up to 4.5 litres of liquor for personal use does not apply to liquor procured from Puducherry or other states. Justice M Nirmal Kumar made this clarification after a submission by state public prosecutor Hasan Mohamed Jinnah.
Background of the Case
The issue arose from a petition filed by Tamilarasan and Rajesh Kumar, who challenged a criminal case registered against them by the Prohibition Enforcement Wing of the Chennai police. They were allegedly caught transporting 3.4 litres of liquor from Andhra Pradesh. The petitioners argued that as per a GO issued by the Tamil Nadu government, possession of up to 4.5 litres of liquor is permitted for personal consumption. They contended that since the liquor was for their own use, the FIR against them should be quashed.
Court's Initial Order
Initially, the court admitted the plea and granted an interim stay on the criminal proceedings. However, during the hearing on Wednesday, the state public prosecutor clarified that the GO does not extend to liquor sourced from other states.
"The 4.5-litre exemption applies only to liquor lawfully sold within Tamil Nadu. This exemption does not cover liquor brought from other states such as Puducherry, Andhra Pradesh, or Karnataka," the prosecutor added.
Final Clarification and Dismissal
Recording the submission, the court clarified that the GO applies only to liquor lawfully sold within Tamil Nadu and dismissed the petition. This ruling underscores that the exemption is territorial and does not permit the import of alcohol from neighboring states for personal consumption.
