IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 CRL.REF.No. 6 of 2007() ----------------------- SC.520/2003 of ADDL.DISTRICT COURT (ADHOC)-II, MANJERI CP.60/2003 of JUDL.MAG.OF FIRST CLASS-I,MANJERI .................... ON THE BASIS OF THE REPORT OF THE ADDITIONAL DISTRICT JUDGE (AD HOC) -II, MANJERI PARTIES 1. STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, K ALIKAVU, 2. MURALEEDHARAN, S/O.PANHAN, EDAPANANTH HOUSE, AMBADI NIVAS, PERUVALOOR AMSOM, KONDOTTY. 3. SAJAN MATHEW, S/O/MATHEW, MATTATHIL HOUSE, KARUMBALANGODE AMSOM, PANAR, EDAKARA. 4. NASEER, S/O.KAREEM, PALAMADATHIL HOUSE, NADUVILANGADI, YARATHUMPADY, TIRUR (ABSCONDING) NOT COMMITTED 5. THALHATH, S/O.SAIDALAVI, CHULLIPARAMBIL HOUSE, NADUVILANGADI, POOKAYIL, TIRUR. 6. NASIRUDHEEN, S/O.IMBICHI, PULICKAL HOUSE, J.M.ROAD, PONNANI (ABSCONDING) BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL REFERENCE HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.Ref.No.6 of 2007 = = = = = = = = = = = = = = Dated this the 10th day of March, 2008 ORDER This reference was initiated on the basis of a letter by the Additional Sessions Judge (Adhoc-II), Manjeri alleging that the committal Magistrate namely J.F.C.M-I, Manjeri committed a grave illegality by finally disposing of the properties (liquor bottles) involved in S.C.No.520 of 2003 on the file of the said Additional Sessions Court. But in the subsequent report dated 26.7.06 of the District and Sessions Judge, Manjeri, it has been clarified that the disposal of the properties by the said Magistrate was in strict compliance of the provisions of sub sections 1 and 4 of Section 53A of the Kerala Abkari Act as incorporated by the Abkari (Amendment) Act, 2003 [Act 1 of 2003]. If so, the observation made against the committal Magistrate (Sri.D.Ajith Kumar) by the trial Judge was unwarranted and the proceedings are closed, accepting the report of the Sessions Judge. V. RAMKUMAR, JUDGE sj