IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 14TH FEBRUARY 2011 / 25TH MAGHA 1932 Crl.MC.No. 4895 of 2010() ------------------------- CR.NO.36/2010 OF EXCISE RANGE OFFICE, ANGAMALY PETITIONER(S): ACCUSED NOS.1 TO 5 --------------------------------- 1. T.J.PRASANTH, AGED 30 YEARS, S/O. JANARDHANAN NAIR, THAYYIL POOVATHINGAL HOUSE, ULLANADU, BHARANANGANAM, MEENACHIL, KOTTAYAM DISTRICT. 2. JOJI JOHN, MYLADUMPARAYIL HOUSE, NELLIMATTOM P.O., ERNAKULAM DISTRICT. 3. BRITO GEORGE, PANDARAPARAMBIL HOUSE, ULLANADU P.O., PALA, KOTTAYAM DISTRICT. 4. BIJU JAMES, PARAYIL HOUSE, ULLANADU P.O., PALA, KOTTAYAM DISTRICT. 5. ULLAS T., THEKKEATTATHU HOUSE, PRAVITHANAM P.O., KOTTAYAM DISTRICT. BY ADV. SRI.C.C.THOMAS, SENIOR ADVOCATE SRI.M.G.KARTHIKEYAN RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, ANGAMALY, ERNAKULAM DISTRICT. 2. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. (BOTH REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM) BY PUBLIC PROSECUTOR SHRI K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.4895 of 2010 -------------------------------------- Dated this the 14th day of February, 2011. ORDER Petitioners are accused in CR. No.36 of 2010 of Excise Range Office, Angamaly for offence punishable under Section 56(b) of the Abkari Act (for short, “the Act”). Petitioners who are licensees of toddy shop request to quash proceedings against them on the ground that no offence is made out. 2. Case is that on 01.09.2010 at about 7 a.m. Excise Officials searched room No.II/222 of Angamaly Municipality and seized plastic barrels of different capacity, a few plastic sacks with label 'white crystal sugar', plastic mattom for collection of toddy from coconut tree, a kirlosker motor, stand and hose. Detecting Officer is said to have questioned the employee who is said to have disclosed that the cans were kept there for keeping toddy in the shops. Certain other witnesses were also questioned who also said that the said articles were used in the toddy shop to keep toddy. Learned Senior Advocate appearing for petitioners contended that no offence as alleged is made out. Reliance is placed on an unreported decision of this Court dated October 7, 2010 in Crl.M.C.No.3793 of 2010,. Learned Public Prosecutor submitted that these articles were meant to keep toddy outside permitted premises and it amounted to an offence under Section 56(b) of the Act. Crl.MC No.4895/2010 2 3. Section 56 of the Act deals with misconduct by licensees and Sub- clause (b) says that if the licensee willfully does or omits to do anything in breach of any of the conditions of his licence or permit not otherwise provided for in the Act, they are punishable. The materials seized or Annexure-B, Mahazar do not indicate that any toddy or other intoxicating substance was kept in room No.II/222. Merely for the reason that certain utensils and articles were seized from the said premises no inference is possible that the condition of licence has been violated. It is not shown that any condition of licence has been violated or the articles seized could not be kept any where beyond the permitted premises. Same view has been taken in the decision referred to above. Similar articles were seized and it was found that no offence is made out Accordingly Crime registered against petitioner therein was quashed. There is no reason why a different stand should be taken in the case of petitioner. Having heard learned Senior Advocate for petitioners and the learned Public Prosecutor I am inclined to allow this petition. Resultantly this petition is allowed. Crime and Occurrence Report in CR.No.36 of 2010 of Excise Range Office, Angamaly against petitioners will stand quashed. Articles seized shall be disposed of as provided under law. THOMAS P.JOSEPH, Judge. cks