HC Quashes Case Against TN Man Over Puducherry Liquor Possession

The Madras High Court has quashed criminal proceedings against a Tamil Nadu man who was booked for allegedly possessing 1.68 litres of Puducherry-made liquor and attempting to sell it within Tamil Nadu limits, holding that the quantity was within the permissible limit for personal consumption.

The case originated in January 2025 , when police intercepted the petitioner, A. Vallarasu, near the Allpettah check post in Cuddalore district . He was found carrying three bottles of alcohol purchased from Puducherry, two 750-ml bottles of brandy and rum, and one 180-ml bottle totalling 1.68 litres. Police registered a case under the Tamil Nadu Prohibition Act , alleging that the liquor was intended for illegal sale.

During investigation, authorities claimed the accused was illegally selling liquor bottles , leading to his arrest and filing of a final report before the Judicial Magistrate–II, Cuddalore. The prosecution strongly opposed quashing of the case, arguing that no liquor from outside Tamil Nadu is permitted to be brought into the State, including from Puducherry, and indicated they would appeal the High Court order.

The defence, however, argued that the FIR itself did not disclose any offence under the law. It was submitted that under the Tamil Nadu Liquor (Possession for Personal Consumption) Rules, 1996 , and a related government order, an individual is permitted to carry up to 4.5 litres of Indian Made Foreign Spirits for personal use. Since the quantity in question was only 1.68 litres, it was well within the legal limit. The defence also termed the allegations of intended sale as “absurd and unsupported by evidence” , noting that all witnesses cited were police officials and no independent witnesses were included.

Justice M. Nirmal Kumar, in an order dated April 8, 2026, observed that the petitioner’s possession did not exceed the permissible limit for personal consumption. Taking note of the applicable rules and government order, the court held that no offence was made out , and therefore allowed the petition, thereby quashing the criminal proceedings.

The court also referred to the rules specifying that, in Tamil Nadu, individuals may possess up to 4.5 litres of IMFL , while higher limits apply for beer and wine.