IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 20TH JUNE 2007 / 30TH JYAISHTA 1929 Crl.MC.No. 863 of 2007() ------------------------ C.R.NO.21/2006 OF EXCISE RANGE OFFICE, VAMANAPURAM, THIRUVANANTHAPURAM ------------------------ PETITIONER: ACCUSED NOS.1 & 2 ------------------------------ 1. BINU, S/O. VIJAYAN, KALIYIKKALKUNNIL HOUSE, VENGODE DESOM, KEEZHTHONNACKAL VILLAGE, THIRUVANANTHAPURAM TALUK. 2. SANTHOSH KUMAR, S/O. GOPALAN, MEKKUMKARA PUTHENVEETTIL, CHILAVAKKODU DESOM, MARANELLOOR VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.C.C.THOMAS RESPONDENTS: COMPLAINANT ------------------------- STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, VAMANAPURAM, THIRUVANANTHAPURAM DISTRICT, BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/06/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.863 of 2007 ---------------------------------------- Dated this the 20th day of June 2007 O R D E R The petitioner has come before this Court aggrieved by the registration of crimes against him under Sections 57(a) and 56 (b) of the Kerala Abkari Act. The crux of the allegations raised against the petitioner is that in the toddy samples which was taken from his premises, starch was found to be present, that is, the test of starch was found to be answered positively. The petitioner prays that the proceedings against him may be quashed inasmuch as the presence of starch cannot attract any offence under Section 57(a) of the Kerala Abkari Act as held in Balu vs. State of Kerala 2007(1) KLT 401] . Consequent allegations under Section 56(b) may also be quashed, it is submitted. 2. The learned Public Prosecutor, after taking instructions, submits that the State does not want to press the charge under Section 57(a) of the Kerala Abkari Act and is now limiting the allegation to the offence under Section 56(b) of the Kerala Abkari Act. Presence of starch is objectionable, contends Crl.M.C.No.863/07 2 the learned Public Prosecutor on the ground that starch, which is not an ingredient of genuine toddy, was found to be present. This amounts to violation of the conditions of licence, rules and consequently amounts to infraction of Section 56(b) of the Kerala Abkari act, urges the learned Public Prosecutor. The learned Public Prosecutor submits that the State does not want to press the charge under Section 57(a) of the Kerala Abkari Act but wants to press the charge under Section 56(b) on the sole ground that the toddy kept for sale was found to contain starch which is not an ingredient of genuine toddy. Inasmuch as only genuine toddy is expected to be sold, the petitioner has committed the offence under Section 56(b), it is contended. Necessary instructions have been issued to all the officials not to press the charge under Section 57(a) and to press the charge only under Section 56(b) in all such cases, it is submitted. 3. The learned counsel for the petitioner submits that in that event, the submissions of the learned Public Prosecutor may be quashed taken note of and recorded. The proceedings initiated and the cognizance taken in so far as it relates to the allegation under Section 57(a) of the Kerala Abkari Act may be Crl.M.C.No.863/07 3 and proceedings may be permitted to continue on the specific understanding that the allegation that the petitioner has to face as pressed by the prosecution now is only the one under Section 56(b) of the Kerala Abkari Act. 4. I am, in these circumstances, satisfied that the said request can be accepted and this Criminal Miscellaneous Case can be disposed of. This Criminal Miscellaneous Case is accordingly allowed in part accepting the submissions of the learned Public Prosecutor and as agreed by the learned counsel for the petitioner. The prosecution shall stand quashed inasmuch as the allegation under Section 57(a) is concerned. But the courts shall consider whether the allegations raised reveal offences punishable under Section 56(b) of the Kerala Abkari Act. 5. This petition is accordingly allowed to the extent indicated above. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge Crl.M.C.No.863/07 4 Crl.M.C.No.863/07 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007