IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : *BAD DATE*, THE 0TH *BAD DATE* 0 / 07112008 Crl.MC.No. 4061 of 2008() ------------------------- AGAINST THE ORDER IN CMP.5059/2008 IN CC.2067/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA .................... PETITIONER(S): ACCUSED NO.1 --------------------------- P.F.RAJESH, MANAGING PARTNER, M/S.POOKODANS PLEASANT RESIDENCY, S/O.FRANCIS, POOKODANS HOUSE, VENDORE DESOM, AMBALLUR VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, IRINJALAKUDA, THRISSUR DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.4061 of 2008 ------------------------------------- Dated this the 7th day of November, 2008 ORDER Petitioner is a licencee under the Kerala Abkari Act and is duly licenced to sell Indian Made Foreign Liquor in the premises of his hotel as per Annexure-A licence. He continues as such licencee from 11.02.2005. It is his case that he, under the licence, is competent to sell liquor at the Bar, Restaurant and Swimming Pool as per Annexure-A. Be that as it may, the excise official, on 22.09.07 inspected his premises and seized a large quantity of Indian Made Foreign Liquor as also an amount of Rs.5,141/-, allegedly being sale proceeds of liquor. Proceedings were initiated against the petitioner under Section 56 (b) of the Kerala Abkari Act. Investigation is now complete. Final report has already been filed. The case is still pending. 2. The petitioner wants the liquor as well as the currency seized from his premises to be returned to him. The petitioner contends that at any rate no offence has been committed in respect of the foreign liquor found in his possession. The only allegation raised is that the sale was effected from an additional Crl.M.C. No.4061 of 2008 2 counter where there was no specific authorisation to sell the liquor. 3. The learned Public Prosecutor after taking instructions fairly concedes that the State has no objection against the release of the articles seized. In the light of that stand taken by the learned Public Prosecutor it is not necessary for me to consider any other question of law or facts. I am satisfied that directions can be issued to release the articles (foreign liquor seized) in question to the petitioner. The question of release of currency can be considered at the end o the trial by the court below. I am, in these circumstances, satisfied that this Crl.M.C can be allowed in part. In the result: i) This Crl.M.C is allowed in part; ii) The impugned order is set aside; iii) The learned Magistrate is directed to release the articles seized (Indian Made Foreign Liquor seized) to the petitioner on condition that he executes a bond with one solvent surety for the entire value of the same. (R.BASANT, JUDGE) rtr/-