IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 7TH JANUARY 2010 / 17TH POUSHA 1931 Crl.Rev.Pet.No. 3687 of 2009() ------------------------------ ST.5078/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHALAKUDY .................... REVN. PETITIONERS:- 1. BIJU, S/O. JOHN, NEDUNGATTU HOUSE, VETTILAPARA, PARIYARAM VILLAGE. 2. RENJITH, S/O. RAVI, KALARIKKAL HOUSE, KURIAPPILLY SOUTH, MUTHAKUNNAM VILLAGE, ERNAKULAM. 3. JIMMY SEBASTIAN, S/O. SEBASTIAN, ELAMBALASSERY HOUSE, VETTILAPARA, PARIYARAM VILLAGE. 4. MURALI, S/O. BABY, PUTHENPURAKKAL HOUSE, VETTILAPARA, PARIYARAM VILLAGE. BY ADV. MR. SHEEJO CHACKO MR. A.G.UNNIKRISHNAN MR. DEVAN K.MENON MR. VIJITH SUDHAKARAN RESPONDENTS: - 1. STATE OF KERALA, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, VETTILAPARA POLICE STATION, VETTILAPARA, THRISSUR. BY ADV. MR. C.S. HRITHWIK, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 07/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ------------------------------------------------------------- Crl. R.P. No. 3687 of 2009-A ------------------------------------------------------------ Dated this the 7th day of January, 2010. ORDER The petitioners who are accused Nos. 1 to 3 in S.T. No. 5078 of 2009 on the file of the Judicial First Class Magistrate, Chalakkudy for an offence punishable under Section 15(c) read with Section 63 of the Kerala Abkari Act, challenges Annexure 1 order dated 23.11.2009 as per which the learned Magistrate dismissed the application filed by the petitioner as C.M.P. No. 9417 of 2009 requesting that a sample from the contraband liquor be forwarded to the Chemical Examiner for analysis. Reliance was placed on the decision reported in Rajeev P. and others v. State of Kerala - 2009 (2) KLD 656. The learned Magistrate noticing the fact that for the purpose of chemical analysis at least 180 ml. by way of sample was necessary and that what was seized in this case was only 100 ml. of I.M.F.L., dismissed the said application. It is the said order which is assailed in Crl.R.P. No. 3687/2009 : 2 : this revision. 2. Without making any observation on the merits of the case, I leave it to the petitioner to take advantage of the failure, if any, on the part of the prosecution in sending the contraband liquor or a sample therefrom for chemical analysis. This revision is disposed of accordingly. Dated this the 7th day of January, 2010. V. RAMKUMAR, JUDGE. rv Crl.R.P. No. 3687/2009 : 3 :