MADURAI BENCH OF MADRAS HIGH COURT UPHOLDS INVESTIGATION BY LAW & ORDER POLICE IN PROHIBITION CASE — ACCEPTS STAND TAKEN BY SENIOR ADVOCATE HASAN MOHAMMED JINNAH* The Madurai Bench of the Madras High Court, in a significant judgment delivered by Hon’ble Mrs. Justice L. Victoria Gowri in Crl.O.P.(MD) No.3047 of 2026, has reaffirmed the authority of regular Law & Order Police to investigate offences under the Tamil Nadu Prohibition Act, rejecting the contention that only the Prohibition Enforcement Wing is competent to investigate such cases.
*MADURAI BENCH OF MADRAS HIGH COURT UPHOLDS INVESTIGATION BY LAW & ORDER POLICE IN PROHIBITION CASE — ACCEPTS STAND TAKEN BY SENIOR ADVOCATE HASAN MOHAMMED JINNAH*
The Madurai Bench of the Madras High Court, in a significant judgment delivered by Hon’ble Mrs. Justice L. Victoria Gowri in Crl.O.P.(MD) No.3047 of 2026, has reaffirmed the authority of regular Law & Order Police to investigate offences under the Tamil Nadu Prohibition Act, rejecting the contention that only the Prohibition Enforcement Wing is competent to investigate such cases.
Appearing for the State, Mr. Hasan Mohammed Jinnah, State Public Prosecutor, assisted by Mr. M. Sakthi Kumar, Government Advocate (Criminal Side), strongly opposed the quash petition and submitted that the investigation conducted by the jurisdictional police was fully in accordance with law.
The State Public Prosecutor argued that:
The Tamil Nadu Prohibition Act does not confer exclusive jurisdiction upon the Prohibition Enforcement Wing to investigate prohibition offences.
The regular territorial police continue to possess statutory powers to detect, investigate and prosecute offences under the Act.
The challenge to the very competence of the investigating agency was legally unsustainable.
The materials collected during investigation disclosed the commission of prohibition offences warranting prosecution.
Accepting the State’s submission on the issue of jurisdiction, the High Court categorically held that the powers of investigation are not confined exclusively to the Prohibition Enforcement Wing and that the jurisdictional Law & Order Police possess concurrent authority to investigate offences under the Tamil Nadu Prohibition Act.
The Court, however, proceeded to examine the individual role attributed to the petitioner/accused and found that the prosecution case against him was primarily based on the confession of a co-accused, without any independent evidence connecting him to the alleged offence. The Court further noted the absence of recovery of contraband from the petitioner and the lack of material establishing his active participation.
Consequently, while upholding the legality of the investigation conducted by the regular police and rejecting the jurisdictional challenge raised by the petitioner, the Court quashed the criminal proceedings against the petitioner on the facts peculiar to his case.
The judgment assumes significance as it settles the recurring contention regarding the authority of Law & Order Police to investigate prohibition offences and strengthens the State’s position that territorial police officers are legally empowered to enforce the provisions of the Tamil Nadu Prohibition Act alongside the Prohibition Enforcement Wing.
