IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929 Crl.MC.No. 2992 of 2007() ------------------------- CRIME NO. 62 OF 2005 OF NADAKKAVU POLICE STATION PETITIONER: ACCUSED ------------------- KURIEN VARGHESE, S/O. V.T.VARGHESE, AGED 75 YEARS, VETTIMOOTTIL HOUSE, NARANGANAM MURI & VILLAGE, KOZHENCHERRY TALUK. BY ADV. SRI.JACOB P.ALEX RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.62/2005 OF NADAKKAVU POLICE STATION). BY PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl. M.C. No. 2992 OF 2007 * * * * * * * * * * * * * * * * * * Dated: 23-01-2008 ORDER In this petition filed under Sec. 482 Cr.P.C. the petitioner who is the sole accused in Crime No. 62 of 2005 of Nadakkavu Police Station for an offence punishable under Sec. 8(2) of the Abkari Act seeks to quash Annexure-I charge sheet in the above crime and the subsequent proceedings in C.P. No. 3 of 2007 on the file of the J.F.C.M. IV, Kozhikode. 2. The petitioner is a 75 year old person who retired from the Air Force on 28-02-1987. 3. The case of the prosecution is that on 14-12-2005 at about 11.05 a.m. while the sub Inspector of Police, Nadakkavu Police Station and his party was on patrol duty, an ambassador car bearing Reg. No. KLB 3605 was found abandoned near the West Hill Post Office, Chakorathukulam , within the local limits of the Nadakkavu Police Station. On a detailed examination of the said vehicle , about 170 litres of illicit spirit was found in a separate tank underneath its seat resulting in the seizure of the vehicle as well as the contraband spirit the registration of the above crime. During the course of Crl.M.C. No. 2992 OF 2007 -:2:- investigation, the petitioner was arrayed as the sole accused in the case. 4. The contention of the petitioner is that even though he is the registered owner of the ambassador car in question he had sold the vehicle to one P.M. Thampy as per Annexure III sale agreement dated 21-01-2005 and the said Thampy sold the vehicle to one K.K. Suresh as per Annexure A4 sale deed dated 3-02-2005 and the said Suresh in turn sold the vehicle to one vijayan Nair as per Annexure A5 sale deed dated 8-2-2005 and ever since the transfer on 21-01-2005 the petitioner had nothing to do with the car in question. The learned Public Prosecutor also, after perusing the case diary, admitted that the statement of Thampi is also to the effect that he purchased the vehicle from the petitioner on 21-01-2005 and sold the vehicle to one K.K. Suresh on 3-2-2005. Eventhough the said Suresh was not questioned, while questioning his wife his wife admitted that her husband purchased a car and he subsequently transferred the car to somebody. The revelation by the prosecution witnesses clearly fits in with the case of the petitioner also. If so, the petitioner has been arrayed as an accused in the case merely for the reason that he happened to be the registered owner of the vehicle. Ownership with regard to a vehicle is not decided by the registration Crl.M.C. No. 2992 OF 2007 -:3:- certificate. The provisions applicable to the transfer of a vehicle are those in the Sale of Goods Act wherein the mere act of delivery of the goods after receiving the consideration would amount to a completed sale. Mutation in the registration certificate by adding the name of the transferee is not a condition precedent to complete the sale of the vehicle . (See Hassankunju v. Asst. Excise Commissioner - 2006 (2) KLT 417). The prosecution has not a case that the petitioner was travelling in the car on the day in question. Hence, he cannot be arrayed as an accused merely for the reason that he continues to be the registered owner. (See Sheeba v. State of Kerala - 2002 (2) KLT (SN) 104. When the above position is discernible even from the prosecution records it will an abuse of the process of the court to place the petitioner, an old man retired from the Air Force , on trial and call upon him to undergo the ordeal of a trial before a Court of Session. The entire proceedings pending before the J.F.C.M. IV, Kozhikode in C.P. 3 of 2007 shall stand quashed and the petitioner will stand discharged of the offence charges against him. V. RAMKUMAR, Crl.M.C. No. 2992 OF 2007 -:4:- (JUDGE) ani.