Court holds mere loud shouting under influence of alcohol not punishable; directs applicants to pay costs to charity to deter misuse of criminal law
In a significant ruling on August 31, 2026, the Bombay High Court, presided over by Justice Milind N. Jadhav, quashed a First Information Report (FIR) registered under Section 85(1) of the Maharashtra Prohibition Act, 1949. The FIR alleged that two applicants, under the influence of alcohol, were shouting loudly on a public street, causing a breach of peace.
The Court observed that consumption of alcohol per se is not an offence under Section 85 unless it is accompanied by improper or disorderly behavior. The applicants were accused of shouting at each other, but there was no evidence that they disturbed public peace or exhibited obscenity, depravity, or moral offensiveness as required by the statute. The Court relied on a recent precedent from the Nagpur Bench, which clarified that disorderly behavior involves conduct that is lawless and defies decency, which was absent in this case.
Invoking its inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (which parallels Section 482 of the Criminal Procedure Code), the Court held that FIRs can be quashed if no prima facie case exists or if prosecution is initiated with malafide motives. The Court emphasized that criminal law should not be used as a tool for private settlement or harassment.
Importantly, the Court imposed costs of Rs. 10,000 on the applicants, payable to the Anand Mangal Bahuuddeshiya Sanstha, a registered NGO engaged in social welfare activities. The Court explained that costs are necessary to deter vexatious litigation, prevent wastage of public resources, and discourage misuse of the criminal justice system.
The judgment highlights the careful balance courts must maintain in quashing criminal proceedings, especially where the alleged conduct does not amount to a cognizable offence impacting society at large. It also signals judicial sensitivity towards preventing the criminal law's exploitation in private disputes.
The Court listed the matter for compliance of the cost order on September 15, 2026, directing the applicants' advocate to appear and show proof of payment.
Bottom Line:
Consumption of alcohol is not an offence under Section 85 of the Maharashtra Prohibition Act, 1949, unless accompanied by improper or disorderly behavior. High Court can exercise its inherent powers under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 to quash FIRs where no cognizable offence is made out or prosecution is initiated with malafide motives.
Statutory provision(s): Maharashtra Prohibition Act, 1949 Section 85(1), Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528, Criminal Procedure Code, 1973 Section 482
Lakhan Lalchand Dhamwani v. State of Maharashtra, (Bombay) : Law Finder Doc Id # 2976699
