IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 24TH NOVEMBER 2010 / 3RD AGRAHAYANA 1932 Crl.MC.No. 4014 of 2010() ----------------------------------- ( CRIME AND OCCURRENCE REPORT NO.30/2010 OF PALA EXCISE RANGE) ----------------------- PETITIONER(S): ACCUSED ------------------------------------- 1. VARKEY DEVASSIA, AGED 47 YEARS, S/O.DEVASSIA, POUVVAN CHIRA HOUSE, KAYYOOR KARA, BHARANANGANAM VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT. 2. P.R.ASHOKAN, AGED 56 YEARS, S/O.RAGHAVAN, PERUMBRAKATH HOUSE, THUDAPPADI KARA, BHARANANGANAM VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT. 3. JOSE LUKOSE, AGED 55 YEARS, S/O.LUKOSE, VETTIKKATTU KUNNEL HOUSE, MUTHALAKKODAM KARA, THODUPUZHA VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT. 4. DIVAKARAN, AGED 55 YEARS, S/O.MADHAVAN, PULLOLICKAL HOUSE, MARYKULAM KARA, AYYAPPANKOVIL VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. BY ADVS. SRI.PRASUN.S SRI.M.MANOJKUMAR (CHELAKKADAN) SRI.PAUL MATHEW (PERUMPILLIL) SRI.SANU.S.PANICKER RESPONDENT(S): COMPLAINANT AND STATE ----------------------------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/11/2010, ALONG WITH CRMC NO. 4016 OF 2010, AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M.Sasidharan Nambiar, J. ------------------------------- Crl.M.C.Nos.4014, 4016, 4017, 4018, 4059, 4425 & 4477 of 2010 ------------------------------- COMMON ORDER Petitioners are the accused in C.R.Nos.30/2010 and 31/2010 of Pala Excise Range and C.R.Nos.51/2010, 50/2010, 52/2010, 59/2010 and 58/2010 of Kanjirappally Excise Range, registered for the offences under Sections 56(b) and 57(a) of Abkari Act on the allegation that when the samples taken from the respective toddy shops were sent for chemical analysis, the report of chemical analysis showed that petitioners violated the conditions of licence as provided under Rule 9(2) of Abkari Shops (Disposal in auction) Rules and thereby committed the offences. These petitions are filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that in view of the decision of this Court in Komalam v. State of Kerala (2009 (2) KLT 744), as reviewed in Dasan v. State of Kerala (2009 (3) KLT 163), when the certificate of chemical analysis produced in each case establishes that percentage of ethyl alcohol does not exceed 8.1%, CRMC 4014/10 & con. cases 2 continuation of the proceedings is only an abuse of process of the court and therefore, it is to be quashed. 2. Learned senior counsel appearing for the petitioners and learned Public Prosecutor were heard. Learned Public Prosecutor submitted that in view of the decision of this Court, a refer report is being submitted in Crl.M.C.Nos.4425/2010 and 4477/2010. 3. Respective certificates of chemical analysis establish that percentage of ethyl alcohol in respect of each sample taken is less than the permissible limit of 8.1%. In such circumstances, as held by this Court in Komalam's case (supra), as reviewed in Dasan's case (supra), the cognizance taken can only be quashed. Petitions are allowed. C.R.Nos.30/2010 and 31/2010 of Pala Excise Range and C.R.Nos.51/2010, 50/2010, 52/2010, 59/2010 and 58/2010 of Kanjirappally Excise Range are quashed. 24th November, 2010 (M.Sasidharan Nambiar, Judge) tkv