IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 13TH JANUARY 2009 / 23RD POUSHA 1930 Crl.Rev.Pet.No. 108 of 2009() ----------------------------- SC.1767/2006 of ADDL. SESSIONS COURT (ADHOC)-II, TRIVANDRUM .................... REVN. PETITIONER(S): --------------------- 1. ANVER, AGED 26, S/O.SAIDH MOHAMMED, H.NO.3584 (NEW T.C.71/2526), VALLAKKADAVU, NEAR PUTHEN PALAM. 2. NEJUMUDEEN, AGED 40, T.C.36/5091) VELLAKADAVU WARD, NEAR EANCHAKKAL BYEPASS PETTAH VILLAGE. BY ADV. SRI.R.ANIL RESPONDENT(S): --------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI C M NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 13/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ........................................... CRL.R.P.NO. 108 OF 2009 ............................................ DATED THIS THE 13th DAY OF JANUARY, 2009 ORDER Revision petitioners are accused 1 and 2 in SC 1767 of 2006 on the file of Additional Sessions Judge, Thiruvananthapuram. Revision petition is filed challenging the charge framed by learned Additional Sessions Judge for the offence under Section 55(a) of Abkari Act, contending that in the absence of allegation by the prosecution that the Whisky seized from revision petitioners were imported by petitioners, no charge for an offence under Section 55(a) of Abkari Act will lie. 2. Learned counsel appearing for revision petitioners and learned Public Prosecutor were heard. Copy of the final report submitted by S.I of Police, Valiyathura based on which the case was committed to Sessions Court and finally charge was framed by learned Additional Sessions Judge, show that prosecution case was that without any authority or permission, revision petitioners were possessing ten bottles of foreign made liquor of Black and White Choice Old Scotch Whisky, each having a capacity of one litre and ten bottles of William Grants Family Reserve Scotch Whisky each containing one litre and thereby committed the offence. Section 55(a) of Abkari Act provides punishment for illegal import of liquor. Under CRRP 108/2009 2 sub-section (a) of Section 55, whoever, in contravention of this Act or of any Rule or Order made under the Act, imports, exports, transports, transits, or possess liquor or any intoxicating drug, is liable for punishment provided therein. As held by the Division Bench of this court in Surendran V. Excise Inspector( 2004(1)KLT 404) and Mohanan V. State of Kerala (2007(1) KLT 845), to attract Section 55 (a) of Abkari Act, mere possession of foreign made liquor is not sufficient and possession should be coupled with the knowledge that liquor has been unlawfully imported, transported or manufactured and in the absence of such a case, charge for the offence under Section 55(a) of Abkari Act cannot be laid. Learned Additional Sessions Judge evidently did not consider this aspect while framing the charge. The charge is therefore set aside. Learned Additional Sessions Judge is directed to reconsider the question and frame charge for appropriate offence in accordance with law. M.SASIDHARAN NAMBIAR, JUDGE lgk/-