The petitioner argued the amount of liquor fell within the maximum permissible limit(Representational)
The Delhi High Court has quashed an FIR for the alleged illicit storage of liquor which was stated to be beyond the legally permissible limits saying that under the excise rules, an individual above 25 years of age can possess nine litres of whisky, vodka, gin, and rum and 18 litres of beer, wine, and alcopop.
Justice Subramonium Prasad observed that although the FIR against the petitioner pertained to the recovery of 132 bottles of liquor-- which contained 51.8 litres of whisky, vodka, gin, rum, and 55.4 litres of beer, wine from his house, his joint household consisted of six adults above 25 years of age and therefore there was prima facie no violation of the Delhi Excise Act, 2009.
“This Court is of the opinion that the offence under Section 33 of the Delhi Excise Act, 2009, that has been alleged against the petitioner is not made out from the facts and circumstances of the instant case, and that the quantity of liquor that has been seized from the residence of the petitioner falls within the maximum permissible limit that has been specified under Rule 20 of the Delhi Excise Rules, 2010,” the court said in its recent order.
“Rule 20 indicates that an individual of above 25 years of age can possess 9 litres of whisky, vodka, gin, and rum, and 18 litres of beer, wine, and alcopop…Flowing from Rule 20, as the joint household of the Petitioner consists of six adults above 25 years of age, the permissible limit for possession of liquor at the Petitioner's house would be 54 litres of whisky, vodka, gin, and rum, and 108 litres of beer, wine, and alcopop. Therefore, there is prima facie no violation by the Petitioner of the Delhi Excise Act, 2009,” the court explained.
The court quashed the FIR against the petitioner and said that quashing of criminal proceedings is called for in a case where the complaint does not disclose any offence or is frivolous, vexatious, or oppressive.
In the present case, the Delhi Police and excise authorities had conducted a raid at the house of the petitioner the following information that illicit liquor was being stored there.
A total of 132 bottles of liquor of both Indian and Foreign brands were found from the bar counter on the ground floor of the house without any licence.
The petitioner argued that since six adults above the age of 25 years resided at his residence, the amount of liquor recovered fell within the maximum permissible limit under the law.
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