IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 7TH FEBRUARY 2011 / 18TH MAGHA 1932 Crl.MC.No. 4894 of 2010() ------------------------------------- CP.116/2010 of JUDL.MAGISTRATE OF FIRST CLASS COURT, THIRUVALLA .................... PETITIONER/ACCUSED: ----------------------------------- MANI, S/O.KUNJAPPAN, MEMANA VADAKETHIL HOUSE, PADINJAREMURIYIL, VALLAMKULAM, ERAVIPEROOR VILLAGE, THIRUVALLA TALUK. BY ADV. SRI.PHILIP T.VARGHESE, SRI.THOMAS T.VARGHESE, SMT.ACHU SUBHA ABRAHAM. RESPONDENT/COMPLAINANT: ---------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE EXCISE INSPECTOR THIRUVALLA RANGE. BY PUBLIC PROSECUTOR MR.K.J. MOHAMMED ANZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.4894 of 2010 --------------------------------------- Dated this 07th day of February, 2011 ORDER Petitioner is accused in C.P.No.116 of 2010 of the court of learned Judicial First Class Magistrate, Thiruvalla for offence punishable under Sec.55(i) of the Abkari Act (for short, "the Act”) in O.R.No.27 of 2010 of Thiruvalla Excise Range Office. Case is that on 12.07.2010 at about 7p.m petitioner was found in possession of 800ml of Indian Made Foreign Liquor in a one litre plastic bottle engaged in its sale in front of his house. It is alleged that on seeing the Excise party, petitioner escaped from the seen. The Excise Inspector submitted Annexure-3, final report alleging that petitioner has committed offence punishable under Sec.55(i) of the Act. Learned counsel submits that even if the allegation is accepted, no offence under Sec.55(i) of the Act is made out. It is submitted by learned counsel that petitioner has not so far been arrested and that in the light of the charge against him, he is likely to the arrested. It is therefore prayed that Annexure-3, final report against petitioner may be quashed. 2. It is not as if on the materials on record it could be said that no offence under the Act is made out. If according to the Crl.M.C.No.4894 of2010 -: 2 :- petitioner no offence punishable under Sec.55(i) of the Act is made out, it is open to the petitioner to address arguments before the appropriate court that such offence is not made out. The Court has to decide whether any other offence is made out on the materials on record. Having regard to the facts and circumstances, I am not inclined to think that the final report against petitioner is to be quashed but I make it clear that it is open to the petitioner to address argument before the appropriate court that no offence punishable under Sec.55(i) of the Act is made out. With the above observation this criminal miscellaneous case is closed. (THOMAS P JOSEPH, JUDGE) Sbna/- /True Copy/ P.A to Judge