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Consumption of liquor in private place is not a crime, unless some mischief has taken place: High Court

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The Kerala High Court, while quashing a case registered against a government employee, has held that the consumption of liquor in a private place is not an offense as long as the drinkers do not create a nuisance. The High Court made this observation while quashing the case registered against a government employee. The Court observed that mere smell of alcohol cannot be construed as whether the person was intoxicated or under the influence of any form of alcohol.

Justice Sophie Thomas, while ordering quashing of the FIR against 38-year-old Salim Kumar, said that it is not an offense to consume alcohol while harassing someone in a private place. The court has said this in its order on November 10. In fact, there was a demand to quash the FIR lodged by the police against the government employee in 2013.

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The police had registered a case against the employee under section 118(a) of the Kerala Police (KP) Act, which states that he was under the influence of alcohol when he was called to the station to identify an accused .

Thereafter, a government employee named Kumar approached the court and said that he was called to the police station at 7 pm to identify an accused against whom sections 353 of the IPC and section 20 of Kerala River Coast Protectionam were filed. Case was registered. Kumar said that since the accused was a stranger, he could not identify him, that is why the police registered a case against him.

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