Madhya Pradesh High Court holds that mere consumption of liquor at flat party does not tantamount to an offence.

The Petitioner has approached the High Court of Madhya Pradesh under Article 226 of the Constitution of India seeking quashing of the challan dated 29/03/2023 submitted in Crime No.908/2022 against the petitioners registering the case under Section 34(1), 36(B), 36(C) of M. P. Excise Act, 1915 and under Section 7/15 of Madhya Pradesh Kolahal Niyantran Adhiniam, 1985 and Section 177 of IPC. The Petitioner’s had been partying and consuming liquor at their private flat with music in the background. One of the neighbours called the police and complained of loud music.

The Counsel for the Petitioner’s had submitted that no offences could be made out on reading any of the provisions under which the Petitioner’s had been charged. The counsel for petitioners vigorously argued that playing DJ in a private residence should not be considered as an offence unless it violates Section 5 of Madhya Pradesh Kolahal Niyantran Adhiniam, 1985. There is no definite evidence to prove that music was being played at a high volume, merely because a complaint was made offence is not made out. It is the responsibility of the prosecution to establish that the sound volume exceeded the permissible limits. He strenuously argued that music was also not being played in a public place. He further argued that all the petitioners are well educated and reputated persons of the town and they belong to good families.
 
The High Court held that:
 
“After considering the submissions put forth by both the counsels and reviewing the available records, I am of the opinion that there is no concrete evidence and material on record to constitute any offence against the present petitioners. Nowadays it is very common that youngsters organize get together and parties in a place where they could assemble and no restriction can be imposed upon them. It is indisputable that the party was going on in a flat owned by one of the petitioners, and the mere consumption of liquor cannot be deemed to be an offence.”
 
“Thus, in view of the discussion made hereinabove, it is clear that as per the material collected by the prosecution and submitted along with the charge-sheet no offence is made out against the present petitioners. 12. Under such a circumstance, Crime No.908/2022 registered against the petitioners are hereby set-aside and further proceedings initiated on the basis of FIR and charge-sheet are also quashed.”
 

Rajinder Singh Rajput & Ors. v. State of Madhya Pradesh