New Delhi: The Delhi High Court has held that a person above 25 years can possess 9 litres of alcohol highlighting Rule 20 of the Delhi Excise Rules, 2010.
While dealing with a case in connection with illicit liquor recently, the court said those above 25 years can possess 9 litres of whisky, vodka, gin and rum, and 18 litres of beer, wine and alcopop.
The Excise Department found a total of 132 bottles of liquor of Indian and Foreign brands from the ground floor of the petitioner’s house at Panchsheel Park in the city.
As the petitioner dis not have a valid license pertaining to the stored liquor and beyond the permissible limit prescribed under the Delhi Excise Act, 2009 an instant FIR under Section 33 of the Delhi Excise Act, 2009, was registered.
However, petitioner’s counsel Priyanka Sinha argued that there has been no infringement of Delhi Excise Rules, 2010 and informed the court that there are six adults above the age of 25 years and four children residing at the petitioner’s residence, submitting that the maximum limit for individual possession of liquor for Indian Liquor and Foreign Liquor (whisky rum, gin, vodka and brandy) is nine litres, and for wine, beer, liqueur, cider and alcopop is eighteen litres.
The counsel stated that as per the FIR, the liquor seized from the petitioner’s house amounts to 51.8 litres of whisky, rum, vodka, gin, and 55.4 litres of wine, beer, alcopop. Hence, the amount of liquor recovered falls within the maximum permissible limit as per Rule 20 of the Delhi Excise Rules, 2010, and that offence under Section 33 of the Delhi Excise Act, 2009, is not made out, she argued.
A bench of Justice Subramonium Prasad said the Rule 20 of the Delhi Excise Rules, 2010, stipulates the maximum limit for retail sale and individual possession of liquor. Violation of this Rule entails an offence under Section 33 of the Delhi Excise Act, 2009, which is punishable with imprisonment for a maximum term of three years and a fine which is not less than Rs 50,000, but may extend to Rs 1,00,000.
The order also pointed out other parts of the excise act, in which a person can carry one litre of Indian Liquor or Foreign Liquor while entering into Delhi from other states and two litres while entering into Delhi from other countries.
The bench further observed that 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.
Accordingly, the court quashed the criminal procedures against the petitioner.
(IANS)
