IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 Crl.MC.No. 4672 of 2010() ------------------------ CP.88/2010 of JUDL. FIRST CLASS MAGISTRATE COURT-I, PALAKKAD .................. PETITIONER / 2ND ACCUSED: ------------------------------------------ RAKESH, AGED 36 YEARS, S/O. CHANDRASEKHARAN PILLAI, KOSSERIYIL HOUSE, TEMPLE NAGER, SAKTHIKULANGARA.P.O., KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENT / STATE : --------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4672 of 2010 -------------------------- ORDER Petitioner, the second accused in C.P.No. 88/2010 on the file of Judicial First Class Magistrate's Court-I, Palakkad, taken cognizance for the offence under Section 55(a) of Abkari Act on Annexure-A1 final report submitted in C.R.No. 59/2009 of Excise Range, Palakkad, filed this petition under Section 482 of Code of Criminal Procedure to quash the cognizance taken against him contending that apart from the fact that petitioner is the registered owner of the vehicle, there is no material whatsoever to connect the petitioner with the seizure of spirit from that vehicle and hence, continuation of the prosecution against the petitioner is only an abuse of process of the court. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. CRMC 4672/10 2 3. Prosecution case is that on 30.10.2009 at about 5.40 a.m., towards east of Walayar Excise Check Post along the Palakkad-Coimbatore National Highway, Inspector of Excise and party found Maruti Car KL-04/P 6003. On search, it was found that 480 litres of spirit was being transported unauthorisedly without any permit or license. The vehicle was seized and first accused, who was driving the vehicle, was arrested and C.R.No. 59/2009 for the offence under Section 55(a) of Abkari Act was registered. On investigation, petitioner was implicated as the second accused on the allegation that he is the registered owner of the vehicle. 4. Argument of the learned counsel appearing for the petitioner is that apart from the fact that petitioner is the registered owner of the vehicle, there is no material whatsoever to connect the petitioner with the spirit which was being transported in that vehicle. Case of the petitioner CRMC 4672/10 3 is that for non-payment of the hire purchase amount, the vehicle was seized by the financiers and thereafter, it was purchased by the first accused and petitioner has nothing to do with the vehicle on the day when it was seized. 5. Learned Public Prosecutor, on verifying the case diary, submitted that apart from the details obtained from the Regional Transport Office, which indicate that petitioner is the registered owner of the vehicle, there is no other material to connect petitioner with transportation of spirit in that car. 6. For the sole reason that petitioner is the registered owner of the vehicle, he cannot be prosecuted for the offence under Section 55(a) of Abkari Act, especially when his case is that for non-payment of the hire purchase dues, the vehicle was seized by the financiers and later, it was sold by the financiers. Learned Public Prosecutor, on verifying the case diary, reported that this aspect CRMC 4672/10 4 was not investigated. In such circumstances, when there is absolutely no material which would establish that petitioner was transporting the spirit or the spirit was being transported with his consent or knowledge, he cannot be prosecuted for the offence under Section 55(a) of Abkari Act. As continuation of the proceedings will not yield any fruitful purpose, it is not in the interest of justice to continue the prosecution. Petition is allowed. Case against the petitioner/second accused in C.P.No.88/2010 on the file of Judicial First Class Magistrate's Court-I, Palakkad is quashed. 21st December, 2010 (M.Sasidharan Nambiar, Judge) tkv