Can’t book one for whiff of booze: Ker HC

Can’t book one for whiff of booze: Ker HC

Kochi:  16.11.2021

The mere smell of alcohol on a person is not sufficient to book him for being in a public place in an intoxicated manner, the Kerala HC said on Monday.

Justice Sophy Thomas made the observation in a judgment on a plea filed by Salim Kumar through advocate IV Pramod. The petitioner, a village assistant, had challenged a case registered by Badiadka police under Section118(a) of the Kerala Police Act. “...Mere smell of alcohol can’t be construed to mean that the person was intoxicated or was under the influence of any liquor.” TNN

No proof to link he engaged in rioting: Court

As per Section 118(a), any person found in a public place in an intoxicated manner or riotous condition or incapable of looking after himself can be booked for causing grave violation of public order or danger. It is punishable with imprisonment up to three years or a fine up to Rs 10,000, or both.

The petitioner had contended that he was called to the police station at 7 pm to identify an accused and a false case was registered as he could not identify the accused as required by the police as the accused was a stranger to him.

In the judgment, the court said, “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.”

Even if the petitioner had consumed alcohol, the available facts and materials in the case are not sufficient to suggest that he was not able to control himself or he committed rioting inside the police station, the court said while quashing the case.