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The Delhi High Court has held that an individual of above 25 years of age can possess 9 litres of whisky, vodka, gin and rum, and 18 litres of beer, wine and alcopop.

The Court was deciding a case wherein 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.

In arriving at it's decision the bench of Justice Subramonium Prasad placed reliance upon Rule 20 of the Delhi Excise Rules, 2020.

“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

(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;

(iv) Foreign Liquor Two litres while entering into Delhi from other countries

Applying the Rules in the facts and circumstances of the case, the Court said, as the joint household of the Petitioner consisted of 6 adults aged 25+ years, permissible limit for possession of liquor at their house would be 54 litres of whisky, vodka, gin & rum, and 108 litres of beer, wine & alcopop.

The Court was hearing a petition filed under Articles 226 and 227 of the Constitution of India read with Section 482 Cr.P.C. seeking quashing of FIR No. 467/2020 registered at Police Station Hauz Khas for offence under Section 33 of the Delhi Excise Act, 2009, along with stay of investigation under it.

The seized 132 bottles of liquor were found in a South Delhi house after the police raided it upon receiving information of illicit liquor storage there.

When the owner of the house was asked about a valid licence pertaining to the stored liquor, he stated that he had no licence.

As the recovered quantity of liquor was allegedly beyond the permissible limit prescribed under the Delhi Excise Act, 2009, the instant FIR under Section 33 of the Delhi Excise Act, 2009, was registered.

Cause Title: Avijeet Saluja vs State of NCT of Delhi