IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 22ND JANUARY 2008 / 2ND MAGHA 1929 WP(C).No. 25816 of 2007(W) -------------------------- PETITIONER: -------------------- REJI, S/O. LILLY, RESIDING AT ALATHARAKKAL CHAKKALAKKALVILA VEEDU, CHENGAL VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.NAGARAJ NARAYANAN SRI.RAJAN VELLOTH SRI.SAIJO HASSAN SRI.SABU SREEDHARAN RESPONDENTS: --------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, EXCISE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. EXCISE COMMISSIONER, THIRUVANANTHAPURAM, THIRUVANANTHAPURAM DISTRICT. 3. SASIDHARAN NAIR, CIRCLE INSPECTOR, NEYYATTINKARA EXCISE CIRCLE, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.K.S.SIVAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25816 of 2007(W) APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE PETITION DATED 4.7.07 SUBMITTED BY THE PETITIONER'S MOTHER TO THE HON'BLE MINISTER FOR EXCISE. EXT.P2: TRUE COPY OF THE PETITION DATED 9.7.07 SUBMITTED BY THE PETITIONER'S MOTHER TO THE 2ND RESPONDENT. /True Copy/ P.A To Judge V.RAMKUMAR, J = = = = = = = = = = = = = W.P.(C). No.25816 Of 2007 = = = = = = = = = = = = = = Dated this the 22nd day of January, 2008 JUDGMENT One of the main prayers in this writ petition filed by the petitioner who is the accused in Crime No.44/2007 of Amaravila Excise Range, for an offence punishable under Section 8(2) of the Kerala Abkari Act for allegedly having been found in his possession 10 litres of illicit arrack on 1.07.07, is for a direction to respondents 1 and 2 to transfer the investigation of the above crime to any other independent investigating agency. Since the petitioner has levelled serious allegations against the 3rd respondent who is conducting the investigation, as per the interim order passed by this Court, the investigation was directed to be entrusted with the Assistant Excise Commissioner, Thiruvananthapuram who has filed a separate statement as per which the occurrence alleged by the Excise Inspector, Amaravila Excise Range was found to be correct. He has questioned the witnesses and almost completed the investigation. Certificate of Chemical examiner alone is awaited for the filing of the final report before the court. W.P.C.No. 25816 of 2007 2 This writ petition is disposed of directing the Assistant Excise Commissioner, Thiruvananthapuram to file a final report within three weeks from today, whether the chemical examination report is received or not. (V.RAMKUMAR, JUDGE) sj