IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 Crl.MC.No. 3459 of 2011() ----------------------------------- CR. NO.92/2011 OF MAVELIKKARA EXCISE RANGE, ALAPPUZHA DISTRICT. .................... PETITIONER(S): ACCUSED NOS.1 & 2 ------------------------------------------------------- 1. SUJITH, S/O. SASIDHARAN, AMBANATTU THARAYIL HOUSE, GOVINDAMUTTOM MURI, KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT. 2. SUKUMARAN, AGED 52 YEARS, S/O.KUNJU PILLAI, RAJANI BHAVAN, EDAKKUNNAM MURI, NOORANADU VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT. BY SRI.C.C.THOMAS, SENIOR ADVOCATE BY ADVS. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT ------------------------------------------------- 1. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, MAVELIKKARA, ALAPPUZHA DISTRICT-690 101. 2. THE DEPUTY COMMISSIONER OF EXCISE, ALAPPUZHA-688 001. 3. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM-695 001. BY PUBLIC PROSECUTOR SMT.R.REMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC 3459/2011 APPENDIX PETITIONER(S) ANNEXURES A(A):-COPY OF THE CRIME AND OCCURRENCE REPORT IN CR.NO.92/2011 PREPARED BY THE 1ST RESPONDENT. A(B):-COPY OF THE TODDY TRANSPORT PERMIT NO.568 DATED 7.10.2011 ISSUED BY THE DEPUTY COMMISSIONER OF EXCISE, PALAKKAD. A(C):-COPY OF THE SEALS PUT ON 7.10.2011, 8.10.2011, 9.1.2011 AND 10.10.2011 IN THE INSPECTION BOOK AT KOMBAZHA CHECK POST. A(D):-COPY OF THE ORDER DATED 13.6.2008 IN CRL.M.C.NO.2096/2008 PASSED BY THIS HON'BLE COURT. A(E):-COPY OF THE ORDER DATED 1.6.2009 IN CRL.M.C.NO.1009/2009 PASSED BY THIS HON'BLE COURT. AN(F):-COPY OF THE ORDER DATED 25.2.2011 IN CRL.M.C.NO.544/2011 PASSED BY THIS HON'BLE COURT. A(G):-COPY OF THE ORDER DATED 3.5.2011 IN CRL.M.C.NO.1347/2011 PASSED BY THIS HON'BLE COURT. AH:-COPY OF THE COMMON ORDER DATED 4.5.2010 IN WP(C) NO.13813/2010 PASSED BY THIS HON'BLE COURT. AI:-COPY OF THE ORDER DATED 15.6.2011 IN CRL.M.C.NO.1745/2011 PASSED BY THIS HON'BLE COURT. RESPONDENTS' EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3459 of 2011 ----------------------------------- Dated this the 25th day of October 2011 O R D E R The samples of toddy were taken from the toddy shop of the 2nd petitioner. Those samples were sent for the report of the chemical examiner. Even before getting the Chemical Examiner's Report, crime was registered against the petitioners alleging commission of offence under Sec.58B(i) of the Abkari Act. This in short is the case. 2. The learned counsel for the petitioners is perfectly justified in posing the question to the prosecution; how, even before getting the chemical examination report, could the respondents register the case against the petitioners alleging offence under Sec.58B(i) of the Abkari Act. The crime registered by the respondents as it stands now will remain quashed. But it is open to the respondents to register a crime against the petitioners if the Chemical Crl.M.C. No.3459 of 2011 -: 2 :- Examiner's Report discloses that the samples collected did not conform to the standard prescribed. This Crl.M.C. is disposed of accordingly. N.K.BALAKRISHNAN, JUDGE. Jvt