IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 Crl.Rev.Pet.No. 2835 of 2004() --------------------------------------------- (ORDER DATED 6-10-2004 IN C.C.NO.497 OF 2004 OF THE JUDICIAL FIRST CLASS MAGISTRATE, AMBALAPUZHA) ----------------- REVN. PETITIONER: ACCUSED: -------------------------------------------- GOPINATHAN PILLAI, S/O.SANKARA PILLAI, KANNU PARAMBIL VEETTIL, AMAYIDA, KARUMADI VILLAGE, AMBALAPUZHA TALUK. BY ADV. SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN RESPONDENT: COMPLAINANT: ------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.P.PUZHAKARA MOHAMMED. THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 15/01/2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ----------------------------------- Crl.Rev.Pet.No.2835 of 2004-D ------------------------------------ Dated this the 15th day of January, 2008. O R D E R On the allegation that the petitioner was found in possession of Indian Made Foreign Liquor in excess of the permissible limits, a case was put against the petitioner by the excise authorities. The Court below noticed those contentions and has passed a committal order, though it had taken cognizance of the offence at the first instance. Following the ratio of the decision of this Court reported in Sabu Vs. State of Kerala (2003 (2) KLT 173), that a person found transporting or possessing Indian Made Foreign Liquor purchased from Kerala State Bevarages Corporation could not be put for an offence under Section 55 (a) of the Abkari Act, the impugned order is quashed and the revision petition is allowed directing the Court below to proceed to try the case in accordance with law following the law laid down by this Court in the aforesaid precedent. THOTTATHIL B.RADHAKRISHNAN, JUDGE. MS