IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 3RD NOVEMBER 2010 / 12TH KARTHIKA 1932 Crl.MC.No. 4322 of 2010() ------------------------------- CR.NO. 49/2010 OF EXCISE RANGE, THIRUVANANTHAPURAM ................... PETITIONER/ACCUSED : ---------------------------- BIJU RAMESH, PROPRIETOR, HOTEL MAURYA RAJADHANI, STATUE, THIRUVANANTHAPURAM. BY ADV. SRI.NIREESH MATHEW RESPONDENTS/COMPLAINANT : ------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, THIRUVANANTHAPURAM, BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM, BY SRI. I.V.PRAMOD, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. -------------------------------------------------- Crl.M.C. No. 4322 of 2010 ------------------------------------- Dated this the 3rd day of November, 2010. ORDER Petitioner is the accused in C.R.No.49/2010 of Excise Range, Thiruvananthapuram in Annexure-B crime and occurrence report. The crime was registered against the petitioner, as the proprietor of Hotel Maurya Rajadhani, Statue, Thiruvananthapuram under Section 56(b) of Abkari Act on the allegation that in the ground floor of the hotel, where the restaurant is functioning, an additional counter was put up in violation of the conditions of the licence and Abkari Rules and thereby the offence is committed. Petition is filed under Section 482 of Code of Criminal Procedure to quash the crime and the further proceedings, contending that putting up an additional counter in the restaurant, is not in violation of the conditions of the licence or the Abkari Rules. 2. The learned Senior counsel appearing for the petitioner pointed out that the same question was considered by this court in Crl.M.C.3618/2010 and by Annexure-F order dated 7.10.2010, and the crime was quashed finding that putting up an additional counter within the licenced premises is not in violation of the Crl.M.C. No. 4322 of 2010 2 conditions of the licence or the Abkari Act or the rules. 3. Learned Public Prosecutor sought time. As adjournment was granted for instructions and the question to be decided is covered by Annexure-F order as well as by the subsequent order in Crl.M.C. 4713/2010 dated 28.10.2010, I do not find it necessary to grant the adjournment as sought for. 4. The only point for consideration is whether putting up an additional counter in the restaurant which is within the licensed premises is in violation of the conditions of the licence or the Abkari Rules. 5. Annexure A Mahazar and Annexure-B crime and occurrence report establish that the only case of the prosecution is that petitioner in violation of conditions of the license and Abkari Rules put up an additional counter in the ground floor of the hotel were the restaurant is functioning without any authority or permission. Annexure C licence issued shows that after receiving additional amount, petitioner was permitted to serve liquor at the ground floor of the hotel to persons other than residents of the hotel for the year 2008-2009, as per rule 13 Sub Crl.M.C. No. 4322 of 2010 3 rule 3(B) of Foreign Liquor Rules, vide order dated 02.01.2009 of the Deputy Commissioner of Excise, Thiruvananthapuram. Therefore, as rightly pointed out by the learned senior counsel appearing for the petitioner putting additional counter within the licensed premises cannot be an offence under Section 56(b) of the Abkari Act. In view of the Annexure-1 order and also the order in Crl.M.C. 4713/2010 dated 28.10.2010, where even the amended rules were considered and held that putting up an additional counter in the restaurant which is a licensed premises, no offence under Section 56(b) of this Act is attracted, the cognizance taken only be quashed. Petition is allowed. C.R.No.49/2010 of Thiruvananthapuram Excise Range, registered under Annexure-B is quashed. M.SASIDHARAN NAMBIAR, JUDGE ln