IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930 Crl.MC.No. 1325 of 2008 ------------------------- CRIME NO. 189 OF 1993 O ERNAKULAM TOWN NORTH POLICE STATION PETITIONER: ACCUSED NOS. 1 & 3 ------------------------------ 1. BABU, S/O.POULOSE, PUDUSSERRY, PERUMPADANNA, PARAVUR. 2. THOMAS, S/O.MATHAI, KARODU, ANGADIKADAVU, ANGAMALY. BY ADV. SRI.S.RAJEEV RESPONDENTS: STATE ------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.189 OF 1993 OF ERNAKULAM TOWN NORTH POLICE STATION). BY PUBLIC PROSECUTORMR. M.S.BREEZE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 1325 of 2008 = = = = = = = = = = = = = = Dated this the 2nd day of April , 2008 ORDER The petitioners, who are accused 1 and 3 in Crime No.189 of 1993 of Ernakulam Town North Police station for an offence punishable under Section 6 of the Kerala Motor Spirit & High Speed Diesel Oil (Maintenance & Regulation of Supplies) Order, 1979 read with Section 3 and 7(1)((e)(2) of the Essential Commodities Act, 1953, seek to quash all further proceedings in C.C.No.146/2007 pending before the Judicial First Class Magistrate Court-II, Ernakulam. The learned Magistrate as per Annexure-III order dated 21-12-2007 refused to discharge the petitioners. 2. In the light of the order dated 6-11-2007 passed by this Court in Crl.R.P.No.2772/2007 with regard to the second accused, I see no reason why the petitioners also should not be denied the benefit of the said order. Since the sample bottles of the liquor allegedly diesel have not been recovered even after 15 years of the alleged production before the Special Court which was since abolished. Accordingly, the proceedings in C.C.No.146/2007 so far as it relates to the petitioners, namely accused 1 and 3 are also quashed. This Crl.M.C.is allowed. V. RAMKUMAR, JUDGE ks.