IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 Crl.MC.No. 949 of 2008() ------------------------ CHARGE SHEET NO. 11/2007 OF THE J.F.C.M, RAMANKARY O.R.NO.33/2006 OF EXCISE INSPECTOR, KUTTANAD RANGE PETITIONER: ------------------------- K.N.RAVI, S/O. K.K.NARAYANAN, PARAYIL VEEDU, VAZHAPPALLY VILLAGE, CHANGANACHERY TALUK. BY ADV. SRI.G.SUKUMARA MENON RESPONDENTS: ----------------------- STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, EXCISE RANGE, KUTTANAD, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.949 of 2008 = = = = = = = = = = = = = = Dated this the 10th day of March, 2008 ORDER The petitioner, who is the 1st accused in Occurrence Report No. 33 of 2006 of Excise Inspector, Kuttanad Range for an offence punishable under Section 56(b) of the Kerala Abkari Act, seeks to quash Annexure A1 final report and all further proceedings on the ground that the petitioner who is employee under the licensee (Anil Kumar) of the toddy shop in question is not even alleged to have committed the offence. 2. I find that the contention of the petitioner is well founded. The allegation in the Annexure A final report is only that the 2nd accused, Sri.Anil Kumar, who is the licencee, had failed to maintain the stock register. When the petitioner was only an employee who had no liability to maintain the stock register, he cannot be prosecuted for the offence punishable under Section 56(b) of the Kerala Abkari Act. Hence Annexure A1 final report as well as C.C.No.232/2007 on the file of the J.F.C.M, Ramankary, so far as they relate to the petitioner- 1st accused shall stand quashed. This Crl.M.C is disposed of as above. V. RAMKUMAR, JUDGE sj