Kochi: The Kerala High Court has dismissed a case registered against a government employee saying that the consumption of liquor in a private place is not a crime unless drinkers make any fuss. The High Court said that the mere smell of alcohol cannot be taken to mean that the person was drunk or was in any way under the influence of alcohol.
Justice Sophie Thomas ordered quashing of the FIR filed against 38-year-old Salim Kumar saying it is not a crime to drink alcohol harassing anyone in a private place. This was stated by the High Court in its order dated 10th November. In fact, there was a demand by the government employee to quash the FIR registered against him by the police in 2013.
The police had registered a case against the employee under Section 118(A) of the Kerala Police (KP) Act stating that he was under the influence of alcohol when he was called to the station to identify one of the accused. A government employee named Kumar then approached the court and said he was called to the police station at 7 pm to identify one of the accused against whom a case was registered under Section 353 of the IPC and Section 20 of Kerala riverbank protection.
Kumar told the court that since the accused was a stranger, he could not identify him, after which the police registered a case against him. The court said the man was called by the police to identify one of the accused. Further, the court, while referring to the said section of the KP Act, said that in a case of drunkenness or rioting in a public place to attract a punishable offense, a person who is unable to take care of himself should be found.
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