IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933 Crl.MC.No. 3190 of 2011 -------------------------------- CRIME 67/2011 of KATTAPPANA EXCISE RANGE .............. PETITIONERS/ACCUSED 1 & 2: 1. REJI, S/O.CHERIYAN,KUTTIPPURATHU HOUSE, VETTIKUZHA KAVALA, KATTAPPANA VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. 2. RARICHAN GEORGE, S/O.GEORGE, KUZHIKUTHIYANIYIL HOUSE, KANJIYAR VILLAGE, AYYAPPANKOVIL VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENTS/COMPLAINANT: 1. EXCISE INSPECTOR, EXCISE RANGE, KATTAPPANA, IDUKKI DISTRICT. 2. THE COMMISSIONER OF EXCISE, EXCISE COMMISSIONERATE, THIRUVANANTHAPURAM. 3. THE DEPUTY COMMISSIONER OF EXCISE, IDUKKI,OFFICE AT THODUPUZHA. (ALL REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM). BY PUBLIC PROSECUTOR SRI.B.JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: APPENDIX IN CRMC 3190/2011 ANNEXURE A PHOTOCOPY OF THE CRIME AND OCCURRENCE PREPARED IN CR 67/2011 REGISTERED BY THE FIRST RESPONDENT ANNEXURE B PHOTOCOPY OF THE CHEMICAL ANALYSIS CERTIFICATE DT. 29.7.2011 ISSUED BY THE ASST. CHEMICAL EXAMINER TO GOVT. OF KERALA ANNEXURE C PHOTOCOPY OF THE NOTIFICATION GO(P) 24/2007/TD DT. 14.2.07 ISSUED BY THE GOVT. OF KERALA ANNEXURE D PHOTOCOPY OF THE NOTIFICATION GO(P) 25/2007/TD DT. 14.2.07 ISSUED BY THE GOVT. OF KERALA ANNEXURE E PHOTOCOPY OF THE INTERIM ORDER DT. 15.5.09 IN SLP(C) 11420-11434/2009 PASSED BY THE HONBLE SUPREME COURT ANNEXURE F PHOTOCOPY OF THE INTERIM ORDER DT. 22.6.09 IN SLP(C) 14563-14564/2009 PASSED BY THE HONBLE SUPREME COURT ANNEXURE G PHOTOCOPY OF THE ORDER DT. 27.7.2011 IN CRMC 2184/2011 PASSED BY THIS COURT ANNEXURE H PHOTOCOPY OF THE ORDER DT. 20.8.2011 IN CRLMA 5372/2011 IN CRMC 2740/2011 PASSED BY THIS COURT /TRUE COPY/ N.K.Balakrishnan, J. ------------------------------------------- Crl.M.C.Nos.3190 & 3200 of 2011 ------------------------------------------- Dated this the 28th day of September, 2011 ORDER Since the issue is covered by the Division Bench decision of this Court in Komalan v. State of Kerala and others (2009 (2) KLT 744), these petitions are only to be dismissed. Learned counsel for the petitioners submits that apart from the points raised in Komalan's case (cited supra), no other point arises for consideration in these petitions. Hence, these petitions are dismissed. (N.K.Balakrishnan, Judge) tkv