IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 22ND JUNE 2011 / 1ST ASHADHA 1933 Crl.MC.No. 1866 of 2011() ------------------------------ (CR/OR. NO.22 OF 2010 OF EXCISE RANGE OFFICE, CHALAKKUDY, THRISSUR DISTRICT) .......... PETITIONER(S): 2ND ACCUSED ------------------------------------- K.R.VIJAYA, PROPRIETOR, HARITHA PHARMACEUTICALS, VARANDARAPPILLY, THRISSUR DIST. BY ADV. SRI.RENJITH THAMPAN RESPONDENT(S): COMPLAINANT AND STATE ----------------------------------------------------- 1. DEPUTY COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM, PIN - 695 001. 2. EXCISE RANGE OFFICER, CHALAKKUDY, THRISSUR DIST. PIN - 680 307. 3. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PIN - 682 011. BY PUBLIC PROSECUTOR SRI.V.MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/06/2011, ALONG WITH CRMC.NO.1878/2011 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs CRMC.NO.1866/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE 1:COPY OF THE OCCURRENCE REPORT IN CR/OR. NO.22/2010 OF CHALAKKUDY EXCISE RANGE. ANNEXURE II:COPY OF THE DECISION REPORTED IN 2011 KHC SN II. ANNEXURE III:COPY OF THE APPLICATION FILED BY THE PETITIONER DATED 15/03/2011 BEFORE THE 1ST RESPONDENT. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. Nos.1866 of 2011 & 1878 of 2011 -------------------------------------- Dated this the 22nd day of June, 2011. ORDER These Criminal Miscellaneous Cases are filed by the second accused in O.R.No.22 of 2010 of Chalakudy Excise Range Office and O.R.No.45 of 2010 of Irinjalakuda Excise Range Office. In both the cases petitioner along with another is accused of offence punishable under Section 63 of the Abkari Act (for short, “the Act”) for alleged violation of Rule 10(1)(c) of Spirituous Preparation Rules (for short, “the Rules”). Final reports have been submitted in both the cases. In O.R.No.22 of 2010 of Chalakudy Excise Range Office learned Judicial First Class Magistrate, Chalakudy has taken cognizance of the offence and filed C.C.No.1276 of 2010. In O.R.No. 45 of 2010 of Irinjalakuda Excise Range Office, the case is pending before learned Judicial First Class Magistrate, Irinjalakuda as C.C.No.2943 of 2010. In the meantime petitioner has filed Annexure-III, petitions to the Deputy Commissioner of Excise to compound the offence in both the cases under Section 67A of the Act. It is submitted by learned counsel that the said petitions are not so far disposed of by the said Officer. Hence these proceedings for a direction to the said Officer to dispose of Annexure-III, petitions. Crl.MC Nos.1866 & 1878/2011 2 2. Learned Public Prosecutor submitted that the offence attributed to the petitioner is not compoundable as per Section 67A of the Act as it did not come within the Schedule to the said provision. 3. It is not necessary for me to go into the question whether offence attributed to petitioner are compoundable or not. That is a matter which the appropriate authority, the Deputy Commissioner of Excise (first respondent in these cases) has to decide having regard to the relevant provision of law. Resultantly, the first respondent (Deputy Commissioner of Excise, Thiruvananthapuram) is directed to dispose of Annexure-III, petitions (if it is received by him) as provided under law without further delay and report the decision to the courts concerned. THOMAS P.JOSEPH, Judge. cks