Consuming Liquor In Private Place Without Causing Nuisance Not An Offence : Kerala High Court

The Kerala High Court recently ruled that consuming alcohol in a private place does not constitute an offence as long as they do not cause any nuisance in the public. 

While quashing the ongoing proceedings against the petitioner, Justice Sophy Thomas remarked: 

"Consuming liquor in a private place without causing nuisance or annoyance to anybody will not attract any offence. Mere smell of alcohol also cannot be construed to mean that the person was intoxicated or was under the influence of any liquor."

The petitioner was booked under Section 118(a) of the Kerala Police Act for allegedly appearing under the influence of alcohol before a Police Station when called to identify an accused. 

Advocates I.V. Pramod, K.V. Sasidharan and Saira Souraj appearing for the petitioner argued that the petitioner is a Village Assistant and that he was called to the Station at 7:00 p.m.

Their case is that the police officers registered the crime against him merely because he failed to identify the accused, and alleged that it was a false case foisted against him. On this ground, they sought for the charge sheet to be quashed. 

The Court noted that there was no evidence to show that the petitioner committed rioting or misbehaved himself in the Police Station. The only allegation in the F.I.R was that he was intoxicated and was unable to control himself. 

The Judge further observed that in order to attract an offence punishable under Section 118(a) of the KP Act, a person should be found in a public place in an intoxicated manner or rioting condition incapable of looking after himself.

"The very fact that the petitioner reached the Police Station, when he was asked to be present there, itself will negative the case of the prosecution that he was incapable of looking after himself even if it is taken for argument sake that he had consumed alcohol at that time."

It was also found that the word 'intoxicated' is not defined under the Act. To examine the meaning of the word, the Court relied upon the Advanced Law lexicon:

"The meaning of the word 'intoxicated' as given in Advanced Law lexicon by P.Ramanatha Aiyar is that "a man is intoxicated whenever he is so much under the influence of spirituous or intoxicating liquors that it so operates upon him, that it so affects his acts or conduct or movement, that the public or parties coming in contact with him could readily see and know that it was affecting him in that respect." 

The Court also placed referred to the Blacks Law dictionary where intoxication was defined to be a diminished ability to act with full mental and physical capabilities because of alcohol or drug consumption, or drunkenness.

Accordingly, it was found that even if it is taken for argument sake that the petitioner had consumed alcohol, the available facts and materials are not sufficient to suggest that, he was not able to control himself or he committed rioting inside the Police Station causing a nuisance. 

As such, the criminal miscellaneous case was allowed and the proceedings pending before the petitioner before the Judicial Magistrate were quashed. 

Case Title: Salim Kumar B.S. v. State of Kerala & Anr.

Click Here To Read/Download The Order