M/s.Feather's Hotel vs The Inspector of Police

2. Mr.Rajesh Khanna Inspector of Police Nandambakkam Police Station Nandambakkam, Chennai – 600 089 ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of B.N.S.S. to call for the records pertaining to FIR in Crime No.149 of 2024 on the file of the 1st respondent police and quash the same as illegal. For Petitioner : Mr.A.E.Ravichandran For 1st Respondent : Mr.K.M.D.Muhilan Additional Public Prosecutor For 2nd Respondent : No Appearance Crl.O.P.No.23159 of 2025 O R D E R This Criminal Original Petition has been filed to quash the FIR in Crime No.149 of 2024 on the file of the 1st respondent police registered for the offences under Section 24 of the Tamil Nadu Prohibition Act, 1937.

2. The case of the prosecution is that the respondent police inspected M/s.Feather's Hotel on a surprise check on 29.11.2024 at about 13.00 hours and found that in the Roof Top (7th Floor) of the hotel, in about 2000 sq.ft. there was stall like appearance and it appeared that the said place was being used to serve liquors to the guests, which is not a licensed place for running the bar and only at the third floor of the Hotel, FL-3 license was granted by the Commissioner of Prohibition and Excise and that the place is unsafe. The further allegations is that the respondent police seized some liquor bottles and thereafter the FIR was registered.

3. The main contention of the learned counsel for the petitioner is that the FIR is absolutely based on presumption and there was no liquor sold. Further, the FIR has been sent with 5 days delay to the Court.

4. It is seen that the petitioner is running a roof top restaurant roof. It is his contention that the FIR is nothing but a motived one for some reasons, whereas the learned Government Advocate (Crl. Side) submits that FL3 licence clearly prescribes that the liquor to be sold only in the area ear Crl.O.P.No.23159 of 2025 marked in the licence.

5. I gone through the entire materials. Section 24 of Tamil Nadu Prohibition Act deals with the punishment for violation of license or permit related to liquor which reads as follows:

24. Penalty for breach of the conditions of licence and permits.-- In the event of any breach by the holder of such licence or permit or by his servants or by any one acting with his express or implied permission on his behalf, of any of the terms or conditions of such licence or permit, such holder, shall, in addition to the cancellation or suspension of the licence or permit granted to him, (be punished with imprisonment) for a term which may extend to three years and with fine which may extend to three thousand rupees.

6. On perusal of Rules in this regard namely the Tamil Nadu Liquor (Licence and Permit) Rules, 1981, as amended from time to time makes it clear that consumption within the licensed room of the hotel or removal to their private rooms in the same hotel in which they stay for consumption Crl.O.P.No.23159 of 2025 there or in the lawns and appurtenants of such hotel or for consumption with the Tourism Resort apartment, is permitted. In this regard the Commissioner of Exercise has also issued a circular dated 27.03.2013 in which it is stated that there is no restriction in the rules to supply liquor to the persons who are willing to consume liquors in the hotels, while they visit restaurant for food, which reads as follows: “1. It is informed that FL3 licences are issued under the Tamilnadu Liquor (Licence and Permit, Rules 1981 to Star hotels for possession and supply of liquor to foreign tourists, foreigners resident in India and citizens of India during their stay in the hotels.

2. Accordingly, FL3 Licensees can supply liquor to the foreign tourist who stay in the hotel as well as to others who come for the stay in the hotels and also to the public who come to the restaurant for taking food.

3. Liquor may also be allowed to be consumed n the lawns and appurtenants of the hotels in which they stay and also to the public coming for consuming liquor in the hotels.

4. Recently has been brought to our notice that restriction as imposed for non-guests and customers visiting the restaurant to consume liquor in the bars of the hotel. In this regard it is informed there is no restriction in the rules to supply liquor to the persons who are willing to consume liquors in the hotels,s while they visit restaurant for food. Crl.O.P.No.23159 of 2025

7. From the above circular it is clear that FL3 Licensees can supply liquor to the foreign tourist who stay in the hotel as well as to others who come for the stay in the hotels and also to the public who come to the restaurant for taking food and liquor may also be allowed to be consumed in the lawns and appurtenants of the hotels in which they stay and also to the public coming for consuming liquor in the hotels.

8. The Rule itself permitting for consumption of liquor in the restaurant. A careful perusal of the FIR makes it clear that it is only assumption of the respondent/defacto complainant that liquor would have been served in the 7th floor roof top. Though it has been stated that certain liquor bottles were seized, the fact remains that the alleged seized bottles were not sent to the Court immediately. Further, the FIR has also been sent to the Court with 5 days delay.

9. Therefore, considering the above facts and circumstances of the case, this Court is of the view that continuing the FIR is nothing but abuse of process of law.

10. Therefore, the FIR in Crime No.149 of 2024 on the file of the 1st respondent police is quashed.

11. Accordingly, this Criminal Original Petition is allowed. Crl.O.P.No.23159 of 2025 Consequently, the connected Miscellaneous Petitions is closed.

15.09.2025 ksa-2 Index:Yes/No Speaking/Non-speaking order Neutral Citation:Yes/No Crl.O.P.No.23159 of 2025 To

1. The Inspector of Police S4 - Nandambakkam Police Station Nandambakkam, Chennai-600 089

2. The Public Prosecutor High Court of Madras, Chennai Crl.O.P.No.23159 of 2025 N. SATHISH KUMAR , J. ksa-2 Crl.O.P.No.23159 of 2025

15.09.2025

2. Mr.Rajesh Khanna Inspector of Police Nandambakkam Police Station Nandambakkam, Chennai – 600 089 ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of B.N.S.S. to call for the records pertaining to FIR in Crime No.149 of 2024 on the file of the 1st respondent police and quash the same as illegal. For Petitioner : Mr.A.E.Ravichandran For 1st Respondent : Mr.K.M.D.Muhilan Additional Public Prosecutor For 2nd Respondent : No Appearance Crl.O.P.No.23159 of 2025 O R D E R This Criminal Original Petition has been filed to quash the FIR in Crime No.149 of 2024 on the file of the 1st respondent police registered for the offences under Section 24 of the Tamil Nadu Prohibition Act, 1937.

2. The case of the prosecution is that the respondent police inspected M/s.Feather's Hotel on a surprise check on 29.11.2024 at about 13.00 hours and found that in the Roof Top (7th Floor) of the hotel, in about 2000 sq.ft. there was stall like appearance and it appeared that the said place was being used to serve liquors to the guests, which is not a licensed place for running the bar and only at the third floor of the Hotel, FL-3 license was granted by the Commissioner of Prohibition and Excise and that the place is unsafe. The further allegations is that the respondent police seized some liquor bottles and thereafter the FIR was registered.

3. The main contention of the learned counsel for the petitioner is that the FIR is absolutely based on presumption and there was no liquor sold. Further, the FIR has been sent with 5 days delay to the Court.

4. It is seen that the petitioner is running a roof top restaurant roof. It is his contention that the FIR is nothing but a motived one for some reasons, whereas the learned Government Advocate (Crl. Side) submits that FL3 licence clearly prescribes that the liquor to be sold only in the area ear Crl.O.P.No.23159 of 2025 marked in the licence.

5. I gone through the entire materials. Section 24 of Tamil Nadu Prohibition Act deals with the punishment for violation of license or permit related to liquor which reads as follows:

24. Penalty for breach of the conditions of licence and permits.-- In the event of any breach by the holder of such licence or permit or by his servants or by any one acting with his express or implied permission on his behalf, of any of the terms or conditions of such licence or permit, such holder, shall, in addition to the cancellation or suspension of the licence or permit granted to him, (be punished with imprisonment) for a term which may extend to three years and with fine which may extend to three thousand rupees.

6. On perusal of Rules in this regard namely the Tamil Nadu Liquor (Licence and Permit) Rules, 1981, as amended from time to time makes it clear that consumption within the licensed room of the hotel or removal to their private rooms in the same hotel in which they stay for consumption Crl.O.P.No.23159 of 2025 there or in the lawns and appurtenants of such hotel or for consumption with the Tourism Resort apartment, is permitted. In this regard the Commissioner of Exercise has also issued a circular dated 27.03.2013 in which it is stated that there is no restriction in the rules to supply liquor to the persons who are willing to consume liquors in the hotels, while they visit restaurant for food, which reads as follows: “1. It is informed that FL3 licences are issued under the Tamilnadu Liquor (Licence and Permit, Rules 1981 to Star hotels for possession and supply of liquor to foreign tourists, foreigners resident in India and citizens of India during their stay in the hotels.

2. Accordingly, FL3 Licensees can supply liquor to the foreign tourist who stay in the hotel as well as to others who come for the stay in the hotels and also to the public who come to the restaurant for taking food.

3. Liquor may also be allowed to be consumed n the lawns and appurtenants of the hotels in which they stay and also to the public coming for consuming liquor in the hotels.

4. Recently has been brought to our notice that restriction as imposed for non-guests and customers visiting the restaurant to consume liquor in the bars of the hotel. In this regard it is informed there is no restriction in the rules to supply liquor to the persons who are willing to consume liquors in the hotels,s while they visit restaurant for food. Crl.O.P.No.23159 of 2025

7. From the above circular it is clear that FL3 Licensees can supply liquor to the foreign tourist who stay in the hotel as well as to others who come for the stay in the hotels and also to the public who come to the restaurant for taking food and liquor may also be allowed to be consumed in the lawns and appurtenants of the hotels in which they stay and also to the public coming for consuming liquor in the hotels.

8. The Rule itself permitting for consumption of liquor in the restaurant. A careful perusal of the FIR makes it clear that it is only assumption of the respondent/defacto complainant that liquor would have been served in the 7th floor roof top. Though it has been stated that certain liquor bottles were seized, the fact remains that the alleged seized bottles were not sent to the Court immediately. Further, the FIR has also been sent to the Court with 5 days delay.

9. Therefore, considering the above facts and circumstances of the case, this Court is of the view that continuing the FIR is nothing but abuse of process of law.

10. Therefore, the FIR in Crime No.149 of 2024 on the file of the 1st respondent police is quashed.

11. Accordingly, this Criminal Original Petition is allowed. Crl.O.P.No.23159 of 2025 Consequently, the connected Miscellaneous Petitions is closed.

15.09.2025 ksa-2 Index:Yes/No Speaking/Non-speaking order Neutral Citation:Yes/No Crl.O.P.No.23159 of 2025 To

1. The Inspector of Police S4 - Nandambakkam Police Station Nandambakkam, Chennai-600 089

2. The Public Prosecutor High Court of Madras, Chennai Crl.O.P.No.23159 of 2025 N. SATHISH KUMAR , J. ksa-2 Crl.O.P.No.23159 of 2025

15.09.2025