How Much Liquor Can An Individual Store At Home In Delhi? High Court Answers

The Delhi High Court has affirmed that an individual, aged above 25 years, can possess 9 litres of Indian Liquor and Foreign Liquor, i.e., whisky, vodka, gin and rum, and 18 litres of beer, wine and alcopop.The observation was made by Justice Subramonium Prasad while adjudicating upon a petition for quashing of the FIR registered against a Delhi resident, for illicit liquor storage at his home.132 bottles of liquor were recovered from the Petitioner's house, who did not possess a valid Liquor license. This included 51.8 litres of whisky, rum, vodka, gin, and 55.4 litres of wine, beer, alcopop.Accordingly, he was booked under Section 33 of the Delhi Excise Act, 2009.The counsel for the petitioner argued that the house from which the alcohol was recovered is a dwelling house of 6 people (all above 25 years of age) and thus, as per Rule 20(a) of the of Delhi Excise Rules, 2010, the quantities recovered were within permissible limits.On a perusal of Rule 20, the Court noted,"132 bottles of liquor had been recovered from the Petitioner's house, containing 51.8 litres of whisky, vodka, gin, rum, and 55.4 litres of beer, wine. Flowing from Rule 20, as the joint household of the Petitioner consists of six adults above 25 years of age, the permissible limit for possession of liquor at the Petitioner's house would be 54 litres of whisky, vodka, gin and rum, and 108 litres of beer, wine and alcopop. Therefore, there is prima facie no violation by the Petitioner of the Delhi Excise Act, 2009."Accordingly, the Court opined that the offence under Section 33 of the Delhi Excise Act, 2009 is not made out against the Petitioner from the facts and circumstances of the case, since the quantity of liquor that has been seized from his residence falls within the maximum permissible limit that has been specified under Rule 20 of the Delhi Excise Rules, 2010.It thus quashed the impugned FIR and consequent proceedings."It is not necessary that a meticulous analysis of the case should be done before the trial to find out whether the case would end in conviction or acquittal. If it appears on a reading of the complaint and consideration of the allegations therein, in the light of the statement made on oath that the ingredients of the offence are disclosed, there would be no justification for the High Court to interfere," it said.For ready reference, Rule 20 of the Delhi Excise Rules, 2010 reads as below – "20. Maximum limit for retail sale and individual possession of liquor The maximum quantities of intoxicants specified below, which for the purposes of the Act, may be sold by retail and possessed exclusively, by an individual not below the age of twenty five years in Delhi, shall be as follows:— (1) Indian Liquor and Foreign Liquor (a) (i) Indian Liquor and Foreign Liquor (Whisky rum, gin, vodka, and brandy), except wine liqueur, beer, cider and alcopop - nine litres (II) Wine, beer, liqueur, cider and alcopop - eighteen litres (iii) Indian Liquor or Foreign Liquor one litre while entering into Delhi from other States - one litre while entering into Delhi from other States (iv) Foreign Liquor - Two litres while entering into Delhi from other countries." 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/-.Case Title: Avjit Saluja v. State of NCT of DelhiCitation: 2022 LiveLaw (Del) 167 Click Here To Read/Download Order

How Much Liquor Can An Individual Store At Home In Delhi? High Court Answers

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