Booze smell alone not proof of intoxication: Kerala HC

KOCHI: The mere smell of alcohol on a person is not sufficient to book him for being in a public place in an intoxicated manner, the Kerala high court said on Monday.
Justice Sophy Thomas made the observation on a petition filed by Salim Kumar of Kollam through advocate IV Pramod. The petitioner, a village assistant, had challenged a case registered by Badiadka police under Section 118(a) of the Kerala Police Act.
As per Section 118(a), any person found in a public place in an intoxicated manner or riotous condition or incapable of looking after himself can be booked for causing grave violation of public order or danger.
The petitioner had said he was called to the police station at 7 pm to identify an accused and a false case was registered as he couldn’t identify the accused as required by police as the accused was a stranger to him.
The HC said, “Consuming liquor in a private place without causing nuisance or annoyance to anybody will not attract any offence. Mere smell of alcohol also can’t be construed to mean that the person was intoxicated or was under the influence of any liquor.” Even if the petitioner had consumed alcohol, the available facts and materials in the case are not sufficient to suggest that he was not able to control himself or he committed rioting inside the police station, it said.