IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 Crl.MC.No. 4079 of 2011() ------------------------- ST.2809/2009 of JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA IN CRIME NO.641/2009 OF KALAMASSERY POLICE STATION. ................................................................ PETITIONER(S): ACCUSED ---------------------- 1. JOMON ANTONY, S/O. ANTONY, AGED 24 YEARS, KOTTARATHIL PARAMBIL HOUSE, EDAPPALLY. 2. SAMEER, S/O. STANLY, AGED 37 YEARS, PUTHAN VEEDU, PONEKKARA. 3. SUNEESH, S/O. POULOSE, AGED 28 YEARS, VEMBILLA HOUSE, EDAPPALLY. 4. JOMON, S/O. GEORGE, AGED 29 YEARS, PAYYODATH HOUSE, EDAPPALLY. 5. SHAMJITH, S/O. SASI, AGED 30 YEARS, GEETHANJALI, PADIVATTOM, EDAPPALLY. BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REP.BY SUB INSPECTOR OF POLICE, KALAMASSERY POLICE STATION IN CRIME NO.641/2009. PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C rl.MC.No. 4079 of 2011 APPENDIX PETITIONER(S) ANNEXURES: ANNEXURE I : TRUE COPY OF THE FIR DTD.26.4.2009 PREPARED BY THE SUB INSPECTOR OF POLICE, KALAMASSERY POLICE STATION IN CR.NO.641/2009. ANNEXURE II: TRUE COPY OF THE CERTIFICATE OF THE DRUNKENNESS OF FIRST PETITIONER DTD.26.4.2009 ISSUED BY THE MEDICAL OFFICER, CO-OP. MEDICAL COLLEGE HOSPITAL, KOCHI. ANNEXURE III: TRUE COPY OF THE CERTIFICATE OF THE DRUNKENNESS OF SECOND PETITIONER DTD.26.4.09 ISSUED BY THE MEDICAL OFFICER, CO-OP. MEDICAL COLLEGE HOSPITAL, KOCHI. ANNEXURE IV: TRUE COPY OF THE MEDICAL CERTIFICATE OF THE DRUNKENESS OF 3RD PETITIONER DTD.26.4.09, ISSUED BY THE MEDICAL OFFICER, CO-OP. MEDICAL COLLEGE HOSPITAL, KOCHI. ANNEXURE V : TRUE COPY OF THE CERTIFICATE OF THE DRUNKENESS OF FOURTH PETITIONER DTD.26.4.09 ISSUED BY THE MEDICAL OFFICER, CO-OP. MEDICAL COLLEGE HOSPITAL, KOCHI. ANNEXURE VI: TRUE COPY OF THE CERTIFICATE OF THE DRUNKENNESS OF FIFTH PETITIONER DTD.26.4.09, ISSUED BY THE MEDICAL OFFICER, CO-OP. MEDICAL COLLEGE HOSPITAL, KOCHI. ANNEXURE VII: TRUE COPY OF THE FINAL REPORT SUBMITTED BY THE SUB INSPECTOR OF POLICE, KALAMASSERY POLICE STATION IN CR.NO.641/2009. RESPONDENTS' ANNEXURES: NIL //TRUE COPY// P.A. TO JUDGE smvd N.K. BALAKRISHNAN,J. ------------------------------------ Crl.M.C.No. 4079 of 2011 ------------------------------------------ Dated this the 29th day of November, 2011 ORDER Petitioners are accused Nos. 1 to 5 in S.T. case 2809/09 of JFCM – 2, Aluva. They are charged offence under Section 15(c) of Abkari Act. The allegation is that these petitioners were found consuming liquor in public place – on the public road just opposite to the Edappaly Trafic Police Station. Annexure – 2 to 6 are the certificates issued by the Medical Officer to show that these persons had consumed liquor. It is noted that in all the certificates, "clinically he is under the influence of alcohol". The learned counsel for the petitioners submits that no blood test or urine test was conducted. Breath analyser test was also not conducted. So the offence under Section 15(c) is not attracted. Section 15(c) reads:- "Consumption of liquor in public places-- No person shall consume liquor in any public place unless consumption of liquor in any such place is permitted under a licence granted by the Commissioner." Crl.M.C.No. 4079 of 2011 -: 2 :- It does not say that the accused should have been drunk or under the influence of alcohol. Whether the cerificate issued by the doctor is sufficient or whether the evidence that may be given by the police officer would be sufficient are matters to be considered during trial. I find no reason to quash the proceedings under Section 482 Cr.P.C. However the petitioners can raise all their contentions before the court below by filing applications or otherwise. N.K. BALAKRISHNAN, JUDGE smvd