Madras HC Allows Hotel Owner Interim Custody Of 439 Liquor Bottles On ₹10-Lakh Bond With Two Sureties After Samples Test Free Of Methyl Alcohol And Atropine

Police seized 439 liquor bottles in Crime No. 247 of 2025 under Sections 4(1)(C) and 4(1)(A) of the Tamil Nadu Prohibition Act.

Mani, the petitioner and A4, sought interim custody under Section 497 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), asserting that he owned the AKM OASIS Hotel, held a licence to possess liquor, and had purchased the bottles from TASMAC against valid receipts

The prosecution opposed release on the grounds that investigation was pending, some bottles appeared tampered with, and the forensic report was awaited.

The Magistrate dismissed the application because the forensic report was outstanding; neither party led evidence before the Magistrate.

By the time of the revision, the forensic report had been received and the samples were found free of methyl alcohol and atropine.

Section 497 BNSS empowers a criminal court to make appropriate orders for the custody of property produced before it during an investigation, inquiry, or trial, and to order its sale or other disposal where appropriate; “property” includes property connected with an alleged offence.

Section 498 BNSS concerns disposal of property at the conclusion of proceedings, while Section 503 BNSS addresses seized property not produced before a criminal court.

Relying on *Sunderbhai Ambalal Desai v. State of Gujarat*, (2002) 10 SCC 283, the Court noted that seized liquor should not be stored at a police station for a prolonged period; after necessary sampling and preparation of a panchnama, prompt disposal may be ordered.

The Magistrate’s refusal rested on the forensic report being outstanding. On revision, that report was available and showed that the tested samples were free of methyl alcohol and atropine; the records also indicated that the petitioner was licensed to possess liquor and that the bottles had been purchased from TASMAC.

Applying Section 497 BNSS and *Sunderbhai*, the Court concluded that retaining the liquor bottles was unnecessary and that the property could be dealt with under appropriate safeguards. It therefore allowed the application subject to a bond and directed compliance with the statutory requirements for the property.

The application under Section 497 BNSS was allowed, permitting disposal of the liquor bottles subject to the petitioner executing a bond for ₹10,00,000 with two sureties for the like sum each.

The Magistrate was directed to complete any outstanding requirements under Section 497 within two weeks of receiving the order and to deliver the bottles only after the bond condition was met.

The Court further directed that its observations should not influence the decision in the underlying case.