IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 30TH MAY 2011 / 9TH JYAISHTA 1933 WP(C).No. 27418 of 2010(B) -------------------------- PETITIONERS: --------------- 1. V.BABU, S/O.VASU, AGED 54 YEARS, 654 LAKSHAMVEEDU COLONY, THEKKAKKARA, KANAVELLY P.O., KOLLAM. 2. SRINIVASAN, AGED 52 YEARS, S/O.KARUTHAKUNJU, S.J.NIVAS, CHEMMAKKAD, PANAYAM, KOLLAM. BY ADV. SRI.M.K.CHANDRA MOHANDAS RESPONDENTS: --------------- 1. THE STATE OF KERALA THROUGH THE SECRETARY, MINISTRY OF EXCISE, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF EXCISE, GOVERNMENT OF KERALA,THIRUVANANTHAPURAM. 3. THE DEPUTY COMMISSIONER OF EXCISE, KOLLAM. 4. THE ASSISTANT COMMISSIONER OF EXCISE, KOLLAM. 5. THE CIRCLE INSPECTOR OF EXCISE, KOLLAM. 6. THE EXCISE INSPECTOR , EXCISE ENFORCEMENT AND ANTI-NARCOTIC SPECIAL SQUAD, KOLLAM. GOVERNMENT PLEADER, SRI. A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27418 of 2010(B) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : A TRUE COPY OF THE LICENSE ISSUED BY THE 3RD RESPONDENT EXT.P2 : A TRUE COPY OF THE MAHAZER AND CRIME AND OCCURRENCE REPORT IS PRODUCED EXT.P3(a) to (n) : TRUE COPIES OF THE PERMITS BEARING BY SOME OF THE TODDY SHOPS FOR TRANSPORTING TODDY IN THE ALLEGED VEHICLE NO.KL37-5164 EXT.P4 : TRUE COPY OF THE EXTRACT OF THE STOCK REGISTER EXT.P5 : A TRUE COPY OF THE REPRESENTATION DATED 28.8.2010 EXT.P6 : A TRUE COPY OF THE PETITIONERS REPLY DT. 6.10.2010 AGT. THE SHOW CAUSE NOTICE, CRI. NO.78/10 DT.24.9.2010 ISSUED BY THE 5TH RESPONDENT RESPONDENTS' ANNEXURES: ANNEXURER 2(a) : A TRUE COPY OF CIRCULAR DTD.18.9.2010 ISSUED BY THE COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM //TRUE COPY// P.A. TO JUDGE jma C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 27418 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of May, 2011 J U D G M E N T The petitioners are jointly running toddy shop No.33/2010-11. As per Ext.P2 an Abkari case was registered against the petitioners as Crime No.78/2010. The allegation is that on 26.8.2010 at around 5.30 p.m., the 6th respondent while conducting vehicle check up found a van coming through the bypass road and though he signalled to stop the vehicle the driver did not stop it. It could not be successfullyl chased. Later, the said vehicle was found in abandoned position and on inspection, seven barrels were found in the said vehicle. Two out of the seven barrels contained white liquid of 200 litters each and the other barrels were empty. Despite the search of the vehicle no records pertaining to the said vehicle and also the driver could be found out. It was the said instance that led to the registration of Crime No.78/2010. The contention of the petitioner is that the vehicle in question viz., the vehicle bearing registration No.KL 37/5164 used to transport toddy not only for the shop belonging to the petitioner but also to other toddy shops. According to the WPC.No.27418/2010 : 2 : petitioner the mere fact that the vehicle in question is seized at a place which is about 15 kilo meters away from the toddy shop belonging to the petitioners, in the absence of any direct or indirect evidence to link them with the said incident, there is no justification or reason to implicate them in the crime. The learned counsel appearing for the petitioners submitted that in such circumstances this writ petition may be closed with the said observation. It is further submitted by the learned counsel for the petitioners that on chemical analysis it was found that the white liquid contained in the aforesaid barrels is artificial toddy. The learned counsel in the said circumstances, seeks for direction to the respondents to consider the said circumstances and to take a decision as to whether proceedings can be initiated against the petitioners by registering Crime No.78/2010, Virtually, the petitioners are challenging the very registration of Crime against them. In case the petitioners are seeking to quash the proceedings, in the aforesaid circumstances, they will have to resort to the remedy available under the Code of Criminal Procedure. I do not propose to consider those matters in this proceedings. In case the petitioners are advised to resort to such remedy it WPC.No.27418/2010 : 3 : will be open to them to do so, in accordance with law. Subject to the above observation this writ petition is closed. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge