IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 14TH JANUARY 2010 / 24TH POUSHA 1931 WP(C).No. 29637 of 2009(O) --------------------------------------- CRIME NO.127/2009 OF EXCISE RANGE OFFICE, SASTHAMCOTTA. ..................... PETITIONER(S): ----------------------- MOHANAN, S/O. KARUNAKARAN, PANAVILA KIZHAKKATHIL PADINJATTAM MURI, NORTH SOORANADU VILLAGE, KUNNATHOOR TALUK, KOLLAM DISTRICT. BY ADV. MR.C.RAJENDRAN RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENT BY THE SECRETARY, EXCISE DEPARTMENT, THIRUVANANTHAPURAM SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXCISE COMMISSIONER, EXCISE OFFICE THIRUVANANTHAPURAM. 3. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, SASTHAMCOTTA, KOLLAM. 4. P.K. GOPALAKRISHNAN, EXCISE INSPECTOR, KUNNATHOOR CIRCLE OFFICE, KUNNATHOOR. R1 TO R3 BY GOVERNMENT PLEADER MR.P.A. SALIM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ W.P.C.NO.29637 OF 2009 ------------------------------------------ Dated 14th January 2010 JUDGMENT Petitioner is the accused in crime No.127/2009 of Excise Range, Sasthamcotta. Case of the petitioner is that crime No.127/2009 is registered under Section 8(1) and (2) of Abkari Act as against petitioner and his wife under Ext.P1 occurrence report and though it is contended that on 27/8/2009 at about 8.45 p.m Excise Inspector along with his subordinates, reached Kondiyilmukku at Sooranadu and getting information that Mohanan, the petitioner, is an arrack vender at his house at Panavila Kizhakkathil, they searched the house and a lady, seeing Excise officials alerted the Wpc 29637/09 2 man and allowed him to escape and free from the scene and while the Excise party followed him and apprehended local people forcibly released the man from their grip and on returning to the scene, the Excise party seized the contraband articles and registered the case. Petitioner would contend that the case is not being properly investigated and Ext.P8 representation was given to the Excise Minister for impartial and truthful investigation and in such circumstances, proper investigation is to be ordered by higher officials. 2. Third respondent filed a statement to the effect that on 27/8/2009 at 8.40 p.m the Excise Inspector along with other officials reached House No.XVI/180 and accused persons were engaged in illegal activity of committing Abkari offence and there was a muscular fight Wpc 29637/09 3 between the excise party and the petitioner who escaped from the scene and being a woman, as no woman police constable was available, the wife could not be arrested and the Inspector seized five litre bottles containing four litres of coloured arrack after preparing mahazar in the presence of witnesses and after returning to Excise Range office crime 127/2009 was registered and on the next day thondi articles were submitted before the Magistrate and later Ext.P8 petition was received by the Minister for Excise and enquiry was ordered and the case is being investigated by the Circle Inspector of Police, Kunnathur. It is stated that the case is still under investigation by the Circle Inspector and petitioner will not be arrested the petitioner before completing the investigation of the case. Wpc 29637/09 4 3. Learned counsel appearing for the petitioner and learned Government Pleader were heard. 4. Statement submitted by the third respondent establishes that proper investigation is being conducted and the accused will not be arrested before completing the investigation. Ext.P8 complaint filed by the petitioner before the Excise Minister is also being enquired by the Circle Inspector of Excise, Kunnathur. In the light of the statement, I find no reason to give any further direction except that through, fair and impartial investigation is to be conducted. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.