IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 2ND NOVEMBER 2010 / 11TH KARTHIKA 1932 Crl.MC.No. 4249 of 2010() ----------------------------------- (CR.NO.52/2010 REGISTERED BY THE EXCISE INSPECTOR, PERUMBAVOOR EXCISE RANGE, ERNAKULAM DISTRICT) ---------------------------- PETITIONER(S): ACCUSED 1&2 -------------------------------------------- 1. DEVAPALAN, AGED 49 YEARS, S/O.PARAMESWARAN PILLAI, THUMBAYIL HOUSE, MIDAYIKUNNAM KARA, THALAYOLAPARAMBU KARA, VAIKOM TALUK, KOTTAYAM DISTRICT. 2. T.N.ASHOKKUMAR, LICENSEE, FL-3 NO.71/2010-11, ARUNA TOURIST HOME, PERUMBAVOOR, ERNAKULAM DISTRICT. BY SRI.C.C.THOMAS, SENIOR ADVOCATE ADV. SRI. NIREESH MATHEW RESPONDENT(S): COMPLAINANT ----------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, PERUMBAVOOR, ERNAKULAM DISTRICT BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. BY ADDL. D.G.P SRI.P.N.SUKUMARAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4249 OF 2010 =========================== Dated this the 2nd day of November,2010 ORDER Learned senior counsel appearing for the petitioners submitted that in view of the statement filed that seizure of liquor was from the family restaurant, which is in violation of condition No.2 of the licence and under section 67A introduced by Act 3/2010 with effect from 7.12.2009, an offence under section 56(b) of Abkari Act is compoundable, petition may be dismissed as withdrawn with liberty to compound the offence and approach the learned Magistrate for releasing the seized articles. Petition is dismissed as withdrawn with liberty to the petitioners to compound the offence and also to approach the learned Magistrate for custody of the articles seized and produced, before the Court. M.SASIDHARAN NAMBIAR JUDGE Crl.M.C.832/2010 2 tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006