Consuming Alcohol During The Day Is Not An Offence: Madras High Court
What is the best time to have a drink? Ideally, the should be when you feel like having one, though health experts may have a different opinion on this.?If you are planning to get high, there is some good news as the Madras High Court has held that consuming alcohol during the day is not an offence.
It further noted that the State was the only provider of alcohol to the citizens through the IMFL shops run by them.
The bench of Justice N Anand Venkatesh made the observations on April 16 in a case related to the compensation awarded to a man who was involved in a road accident in 2016.
Reduced compensation due to smell of alcohol?
The Motor Accident Claims Tribunal, Perambalur, had in 2022 awarded Rs 3.07 lakh to the claimant Ramesh. However, attributing 50 per cent negligence against him, the Tribunal deducted an equal number from the compensation, arguing that the doctor who had examined Ramesh had reported that he "could smell alcohol in his breath."
The Tribunal noted this as an indication Ramesh who was riding a two-wheeler, was under the influence of alcohol at the time and thus had not maintained enough distance from the truck ahead of him, resulting in the accident.
Did not assess alcohol in blood
Ramesh however, challenged the MACT order in the Madras HC which held that a person involved in a motor accident cannot be held guilty without assessing the percentage of alcohol in their blood.
State is selling alcohol?
The court also said consuming alcohol per say was not an offence. In fact, the State was the only provider of the alcohol to the citizens through the IMFL shops run by them. In view of the same, it was the sole responsibility of the State to also take care of the consequences arising out of consumption of liquor.
Assess alcohol levels in blood
The court which increased Ramesh's compensation to the original Rs 3.07 lakh also directed the Principal Secretary, Ministry of Health and Family Welfare, Government of Tamil Nadu to issue a circular to all the hospitals regarding assessing alcohol levels in blood.
"This practice shall be made mandatory since there is an increase in the number of cases where the rider of the vehicle drives the vehicle after consuming alcohol. This will help the motor accident claims preferred by such persons to be decided in a proper manner while determining the issue of negligence to be attributed in an accident," the court said.
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