CHENNAI: The Madras High Court has held that the provisions of a G.O. of the state government permitting a person to possess 4.5 litres of liquor for personal consumption applies only for the brands lawfully sold within the state, and not for the ones sold in other states or union territories.
Justice M Nirmal Kumar made the clarification on Wednesday when the petitions filed by Tamilarasan and Rajesh Kumar of Minjur, seeking to quash a case registered against them by the Prohibition Enforcement Wing for transporting 3.4 litres of liquor from the neighbouring Andhra Pradesh, came up for hearing.
The counsel for the petitioners contended they had only 3.4 litres of liquor in possession but the Tamil Nadu G.O. permits possession of 4.5 litres for personal consumption and prayed for quashing the FIRs.
However, public prosecutor Hasan Mohamed Jinnah, representing the prosecution, submitted 4.5 litres of liquor exemption applies only to the liquor lawfully sold within the state, and this exemption does not extend to the liquor brought from other states such as Andhra Pradesh, Karnataka or the Union Territory of Puducherry. He noted the home secretary has already clarified in this regard.
Further, he pointed out the court had not considered this crucial aspect while passing judgments for quashing FIRs earlier, and that led to a misinformation campaign on social media as if the court permitted transportation of 4.5 litres of liquor from the neighbouring Puducherry.
Concurring with his submissions, the judge held that the exemption for transporting or possessing 4.5 litres of liquor applies only to the liquor legally sold within Tamil Nadu, and refused to quash the cases against the petitioners.