IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 Crl.MC.No. 3848 of 2008() ------------------------- C.R.NO.38/08 OF THE EXCISE RANGE OFFICE, KOLLAM. PETITIONER(S): ACCUSED 1 TO 4 ----------------------------- 1. SUGATHAN, S/O. VELAYUDHAN, EDAYILAPPURA HOUSE, CHERUKUNNU DESOM, PALLICKAL VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT. 2. SUDHEER BABU @ SUDHEER, ULIYAKOVIL DESOM, EAST VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT. 3. P. MANILAL, AGED 32 YEARS, S/O. PRABHAKARAN, CHECKALATHEVAYIL, PUTHE SANKETHAM DESOM, KOYIVILA, THEVALAKKARA VILLAGE, KOLLAM DISTRICT. 4. RAJENDRAN, KANNANKULANGARA VEETTIL, PERUMKULAM DESOM, KALAYAPURAM VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, KOLLAM, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3848 of 2008 ------------------------------------------------- Dated this the 22nd day of October, 2008 ORDER The petitioners are accused 1 to 4 who have been arrayed as accused in a crime registered by the Excise officials i.e., C.R.No.38/08 of the Excise Range, Kollam. The petitioners are the salesman (1st petitioner), Manager (2nd petitioner) and licensees (petitioners 3 and 4) of a toddy shop which has been duly licensed. On 25/4/08, the Excise officials had allegedly visited the shop and had taken samples of toddy apprehending that the same is adulterated toddy. The 1st accused was arrested. He has been released on bail. Other petitioners have already been granted anticipatory bail. After drawing samples of the allegedly adulterated toddy, they were sent to the Chemical Examiner for report. In the meantime, the Crl.M.C. No. 3848 of 2008 -: 2 :- crime was registered and investigation progressed. 2. Till now, no allegation has been raised other than the one under Sec.57(a) of the Kerala Abkari Act. The report of the Chemical Examiner has been received and that knocks the bottom out of the theory that an offence under Sec.57(a) of the Abkari Act has been committed. It is noted that ethyl alcohol was present in the sample below the prescribed maximum. In these circumstances, the allegation under Sec.57(a) of the Abkari Act would not lie at all, it is contended. 3. The learned counsel for the petitioners submits that very initiation of the proceedings is tainted by mala fides as there has been naked violation of Rule 8(3) of the Kerala Abkari Shops Disposal Rules, 2002. Even before the report of the Chemical Examiner was received, the case has been registered obliging the petitioners to face undeserved trauma. In these circumstances, it is prayed that the proceedings initiated against the petitioners may be quashed. 4. The learned Public Prosecutor fairly submits that the allegations under Sec.57(a) of the Abkari Act cannot now lie. The Chemical Examiner's report concludes the issue as no foreign substance is detected and ethyl alcohol is present well below the permitted maximum. There is nothing in the report to Crl.M.C. No. 3848 of 2008 -: 3 :- suggest that the sample of toddy is in any way adulterated. In these circumstances, I am satisfied that the proceedings initiated against the petitioners under Sec.57(a) of the Abkari Act only deserves to be quashed. 5. The learned Public Prosecutor submits that the Excise officials are still continuing with the investigation and the possibility of some other offences having been committed by the petitioners cannot be ruled out. The learned counsel for the petitioners submits that this contention is raised only to vex and harass the petitioners. So far, though the sample was drawn as early as on 25/4/08, no other allegations have been raised against the petitioners. In these circumstances, the proceedings against the petitioners may be quashed, it is prayed. 6. I find merit in the contention raised by the learned counsel for the petitioners. At any rate, no valid allegation under Sec.57(a) of the Abkari Act can now be raised. Awaiting some other fresh and new allegations being raised against the petitioners, I am satisfied that it is not necessary to permit the respondent to continue the present allegation raised under Sec.57(a) of the Abkari Act. 7. In the result: (a) This Crl.M.C. is allowed. Crl.M.C. No. 3848 of 2008 -: 4 :- (b) The allegations raised against the petitioners under Sec.57(a) of the Abkari Act are hereby quashed. (c) Needless to say, the quashing of the proceedings under Sec.57(a) of the Abkari Act will not stand in the way of the Excise officials raising any valid allegations later against the petitioners for any offence allegedly committed by them. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge