IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM FRIDAY, THE 11TH DAY OF NOVEMBER 2011/20TH KARTHIKA 1933 WP(C).No. 25920 of 2010 (L) --------------------------------------- PETITIONER: ------------------- RAMACHANDRAN NAIR, AGED 43 YEARS, S/O. SEKHARAN NAIR, LAKSHMI MANGALATH VEEDU, PALLICHAL, EDAKODE, NEMOM.P.O, THIRUVANANTHAUPRAM DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY SECRETARY, TAXES (A) DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. 3. THE DEPUTY COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM. 4. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, AMARAVILA, THIRUVANANTHAPURAM DISTRICT. 5. THE CIRCLE INSPECTOR OF EXCISE, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT. BY GOVERNMENT PLEADER SRI. C.R. SYAMKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-11-2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.25920/2010-L: APPENDIX PETITIONER'S EXHIBITS: EXT.P.1: COPY OF THE CRIME AND OCCURRENCE REPORT IN CR. NO.31/2010 REGISTERED BY THE R.4. EXT.P.2: COPY OF THE ORDER DTD. 29/06/2010 IN W.P.(C).NO.20143/2010 PASSED BY THIS HON'BLE COURT. EXT.P.3: COPY OF THE ORDER DTD. 06/10/2010 IN CRL.M.C. NO.3913/2010 PASSED BY THIS HON'BLE COURT. EXT.P.4: COPY OF THE ORDER DTD. 13/06/2008 IN CRL.M.C. NO.2096/2008 PASSED BY THIS HON'BLE COURT. EXT.P.5: COPY OF THE ORDER DTD. 01/06/2009 IN CRL.M.C. NO. 1009/2009 PASSED BY THIS HON'BLE COURT. EXT.P.6: COPY OF THE JUDGMENT DTD. 22/07/2010 IN W.P.(C).NO.13922/2010 PASSED BY THIS HON'BLE COURT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. C.K. ABDUL REHIM,J. ------------------------------------------------- W.P.(c) No.25920 OF 2010-L ------------------------------------------------- DATED THIS THE 11th DAY OF NOVEMBER, 2011 J U D G M E N T Petitioner is one among the co-licencees of toddy shops in Group No.1 in Amaravila Excise Range, for the year 2010-2011. Exhibit P1 crime was registered against the petitioner and other to-licencees on 07-08-2010 alleging offence punishable under section 58 and 56 (b) of Abkari Act. According to the petitioner the crime was registered on the basis of an inspection conducted and samples of toddy seized from the shops. The allegation raised in Ext.P1 is that the petitioner along with the co-accused were making artificial toddy and selling it in the shop. Contention of the petitioner is that the registration of Ext.P1 crime was illegal and unsustainable since by virtue of Rule 8 (3) of the Kerala Abkari Shops Disposal Rules, 2002 the respondents are not entitled to register any case until the result of chemical analysis of the samples taken is received. According to the petitioner, the violation of the procedure will vitiate the prosecution as held by this Court in Girishkumar V. W.P.(c) No.25920.2010 -2- State of Kerala (2010 (2) KLJ 444). The petitioner, relying on various other decisions of this Court, such as order in Crl. M.C No.3913/2010 dated 06-10-2010, order in Crl. M.C No.2096/2009 dated 13-06-2008, order in Crl M.C No.1009/2009 and connected cases dated 01-06-2009 and judgment in W.P (c) No.13922/2010 and connected cases dated 22-07-2011 contended that in identical situations this Court had interfered in the proceedings of investigation of the crimes registered and had also clarified that registration of any such crime will not be visited with consequence of disqualifying the licencees in any manner for conduct of the shops or in participating in the sale of toddy shops for future periods. The petitioner also pointed out the order in Crl.M.C No.3459/2011 dated 25-10-2011 wherein this Court had quashed the crime and occurrence report on an identical situation. Hence he is seeking orders to quash Ext.P1. 2. In the counter affidavit filed on behalf of the respondents it is contended that at the time of inspection in the shop, 22 bottles of white coloured liquid was seen kept W.P.(c) No.25920.2010 -3- in two godowns which on verification revealed as not natural toddy coming under Rule 9 (2) of the Kerala Abkari Shops Disposal Rules, 2002. Further quantities of such liquid was also recovered from the store room of the shop. It was revealed that the licencees have stored huge quantity of adulterated or artificial liquid for sale, which was not natural toddy. Learned Government Pleader contended that the crime was registered not only on the basis of the allegation of selling and illicit liquid, but also for offences are punishable under Section 56 (b) and 58 of Abkari Act. He pointed out a decision of this Court in Kamalakshi V. Sub Inspector of Police (2007 (1) KLT 299) holding that the Magistrate cannot insist upon a report of the chemical examiner at the stage of taking the case on the files on the basis of a report submitted under Section 50. 3. Considering the facts and circumstances, I am of the view that at present there is no apprehension of any other consequence visiting the petitioner on the basis of registration of the case such as any disqualification from conducting shop or from participating in the auction of W.P.(c) No.25920.2010 -4- toddy shops. It is submitted by learned Government Pleader that any further steps of investigation in the case will be conducted only on the basis of report of chemical examiner. I am of the opinion that interest of justice will be served if the respondents are directed to keep in abeyance all further steps pursuant to Ext.P1, until report of the chemical examiner is received. 4. In the result the writ petition is disposed of directing the respondents to keep in abeyance all further steps of investigation and other proceedings pursuant to Ext.P1, till receipt of the chemical examination report on the samples taken at the time of search. Needless to say that further steps under law will depend on the result of the chemical examination. Sd/- C.K. ABDUL REHIM, JUDGE. AMG True copy P.A to Judge