IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 23RD JULY 2010 / 1ST SRAVANA 1932 Crl.MC.No. 1398 of 2010() ------------------------- CRIME No.434 OF 2009 VALLIKKUNNAM POLICE STATION, ALAPPUZHA DISTRICT) PETITIONER: ACCUSED NO.1 --------------------------- SAJI, S/O. SIVARAMAN, MANGATTETH HOUSE, VALLIKKUNNAM VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY S.I OF POLICE, VALLIKUNNAM POLICE STATION, ALAPPUZHA DISTRICT, BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------- Crl.M.C.No.1398 of 2010 ---------------------------------- Dated this the 23rd day of July, 2010 ORDER The petitioner who is the licensee of Toddy shop Group No.I of Kayamkulam Excise Range is the accused in Crime No.434 of 2009 of Vallikunnam Police Station registered for offences punishable under Sections 55(a) and 55(i) of the Abkari Act. He seeks to quash Annexure-A F.I.R. The case of the prosecution is that on 27/12/2009 the police searched a house and recovered 230 litres of toddy suspected to have been mixed with spirit. The detecting officer had drawn samples from the bulk quantities and the samples have been forwarded to the chemical examiners laboratory for analysis. The results are awaited. 2. According to the petitioner the registration of the crime by the police without obtaining the result of the examination/ analysis is illegal. 3. It is too early to accept the above contention and quash the crime and stay the investigation. This Crl.M.C. is disposed of directing the investigating officer to file a final Crl.M.C.No.1398/2010 : 2 : report in accordance with the result of analysis of the samples. Until then the petitioner shall not be vitiated with any adverse consequences merely for the reason that a crime has been registered against him. V.RAMKUMAR, JUDGE skj