IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 12TH APRIL 2011 / 22ND CHAITHRA 1933 Crl.MC.No. 1056 of 2006() ------------------------- CR.49/2002 of EXCISE RANGE OFFICE, KOLLAM .................... PETITIONER(S): ACCUSED ---------------------- GOPALAN, S/O.NARAYANAN, VILIPOYKAYIL VEETTIL, EZHOKONE, KOTTARAKKARA. BY ADV. SRI.M.K.CHANDRA MOHANDAS RESPONDENT(S): --------------- 1. THE EXCISE INSPECTOR, EXCISE RANGE OFFICER, KOLLAM. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1056 of 2006 --------------------------------------- Dated this 12th day of April, 2011 ORDER This petition is filed by the second accused in C.R.No.49 of 2002 of Excise Range Office, Kollam challenging Annexure-I, occurrence report as vitiated by malafides and liable to be quashed on the grounds set up in this criminal miscellaneous case. It is alleged that the first respondent collected sample from toddy shop No.13/02-03 (allegedly) belonging to the petitioner and sent the sample for chemical examination. Chemical examination revealed that the sample contained 17.49% by volume of of Ethyl Alcohol as against the permissible limit of 8.1%. The case is registered for offences punishable under Secs.57(a), 55(a) and 56(b) of the Abkari Act (for short, "the Act”). It is contended that the crime and occurrence report is liable to be quashed. It is contended that none of the offences attributed to the petitioner and much less, offence under Secs.57(a) of the Act are attracted. 2. This case is pending in this Court from the year 2006 onwards. I do not find reason to keep the matter further pending. Having regard to the circumstances stated, I do not consider it crl.M.C.No.1056/2006 2 necessary to go into the contentions raised by petitioner at this belated stage. Petitioner can raise all appropriate plea/defence before the appropriate Court either at the time of framing charge (if it is not already done) or in the course of trial as the case may be. Without prejudice to the said right of petitioner, this criminal miscellaneous case is closed. (THOMAS P JOSEPH, JUDGE) Sbna/-