IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 Crl.MC.No. 2815 of 2010() ------------------------- (CRIME NO.14/2004 OF UDUMBANCHOLA EXCISE RANGE, IDUKKI) PETITIONER: ACCUSED ---------------------- SOMAN, THOTTAKATTU (HOUSE) ALLIYAR KARA, KOOTTAR KARA. BY ADV. SRI.SOJAN MICHEAL ADV.SMT.DHANYA P.ASHOKAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, (ASSISTANT EXCISE INSPECTOR, UDUMBANCHOLA), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------- Crl.M.C.No.2815 of 2010 ---------------------------------- Dated this the 27th day of July, 2010 ORDER The petitioner who is the sole accused in C.R.No.14 of 2004 of Udumbanchola Excise Range registered for offences punishable under Sections 55(g) & 8(1) & (2) of the Abkari Act, seeks to quash the proceedings against the petitioner. 2. The case of the prosecution is that on 18/3/2004 the Assistant Excise Inspector, Udumbanchola Excise Range and his party had seized 15,400 litres of Koda (wash) and 505 litres of arrack with utensils from House No.436/1 in Block No.1131 of Karunapuram Panchayat and the accused has thereby committed the above said offences. 3. The investigation of the case is not yet over. Apart from the fact that even after six years of investigation keeping the sword of Damocles pending over the head of the petitioner no final report has been filed so far thereby infringing the petitioner's constitutional right of speedy trial which applies to the stage of investigation also, admittedly the search and seizure was conducted by the Assistant Excise Inspector who Crl.M.C.No.2815/2010 : 2 : going by the decision reported in Subash Vs. State of Kerala 2008(2)KLT 1047 was not empowered to do so. In fact, the Assistant Excise Inspectors have been invested with the powers of the Excise Inspectors only with effect from 8/5/2009 in G.O.(P)No.420/2009/TD dated 8/5/2009 published as SRO 361/2009 in the Kerala Gazette dated 8/5/2009. Accordingly C.R.No.14 of 2004 of Udumbanchola Excise Range and the crime and occurrence report which has been forwarded to the Judicial Magistrate of the First Class, Nedumkandom shall stand quashed. This Crl.M.C. is disposed of as above. V.RAMKUMAR, JUDGE skj