IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933 Crl.MC.No. 2426 of 2011(V) ------------------------------------ (CRIME NO.31/2011 OF WADAKKANCHERY EXCISE, WADAKKANCHERY CIRCLE) PETITIONERS/ACCUSED NO.1, 2 AND 3: -------------------------------------------------------- 1. V.R.MANIKANTAN, AGED 38 YEARS, S/O.RAMAKRISHNAN, VADAKKAN HOUSE, VATANAPPALLY VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT. 2. UNNIKRISHNAN, AGED 39 YEARS, S/O.PADMANABHAN, KOZHIPARAMBIL HOUSE, METHALA VILLAGE, ANAPUZHA DESOM, MUKUNDAPURAM TALUK. 3. SUNILKUMAR AGED 42 YEARS, S/O.CHINNAN, MULLATHUPARAMBIL HOUSE, MANIKKASSERI DESOM, KONGAD VILLAGE, PALAKKAD TALUK. BY ADVS. SMT.CHINCY GOPAKUMAR SRI.ANWIN GOPAKUMAR RESPONDENTS/COMPLAINANT --------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. THE EXCISE INSPECTOR, WADAKKANCHERRY RANGE, PIN-680 582. 3. THE COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM, PIN-695 001. 4. THE DEPUTY COMMISSIONER OF EXCISE, THRISSUR – 680001. R1-R4 BY GOVERNMENT PLEADER SRI. B. JAYASURYA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SCL. Crl.MC.No. 2426 of 2011() APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A: TRUE COPY OF THE CRIME AND OCCURRENCE REPORT OF THE EXCISE INSPECTOR WADAKKACHERRY RANGE DATED 10.04.2011. ANNEXURE B: TRUE TRANSLATION COPY ANNEXURE A CRIME AND OCCURRENCE REPORT OF THE EXCISE INSPECTOR WADAKKACHERY RANGE DATED 10.4.2011. ANNEXURE C: TRUE COPY OF THE BILL/RECEIPT ISSUED ON 10.4.2011 FROM WORKSHOP, PAZHAYANNUR. ANNEXURE D: TRUE COPY OF THE ENTRY PARLI CHECK POST DATED 10.04.2011. ANNEXURE E: TRUE COPY OF REPORT OF THE CHEMICAL EXAMINER DT. 21.5.2011. RESPONDENT'S ANNEXURES: NIL //TRUE COPY// PA TO JUDGE SCL. N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C No. 2426 of 2011 ---------------------------------------------------- Dated this the 4th day of October, 2011 ORDER The petitioners are accused 1 to 3 in CC No.31/11 of Vadakkancherry Excise Range. On 10.4.2011 the vehicle bearing registration No. KL 7Z 1650 was intercepted and checked and it was found that it contained 180 litters of toddy. It was alleged that there was no valid permit or authority. The learned counsel for the petitioner would submit that Annexure B toddy transport permit was issued by the Deputy Excise Commissioner, palakkad. KL-7Z 1650 is one of the two vehicles in which toddy was permitted to be transported. According to the petitioners toddy was being transported in KL9V-4488 and enroute the vehicle broke down and so the toddy was thereafter taken to KL7Z 1650 and it was being transported. Therefore, according to the petitioners there was nothing to hold that the petitioner committed the offences under Section 55(a), 58 or under any other provisions of the Abkari Act. Annexure E report shows that the samples sent for chemical examination were found to Crl.M.C No.2426/2011 2 contain less that 8.1% by volume of Ethyl Alcohol. It was also noted that there was no foreign or noxious substances in the samples. Hence prosecution cannot be had for offences under Section 55(a) or 58 of the Act. But, if there was violation of permit the prosecution can be had under Section 56(b) of Abkari Act. Hence, this petition is disposed of as stated below: The prosecution against the petitioners for offences other than under Section 56(b) will stand quashed. The prosecution can if found necessary, be proceeded against the petitioners under Section 56(b) of the Abkari Act. Sd/- N.K. BALAKRISHNAN, JUDGE jma //true copy// P.A to Judge