IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 Crl.MC.No. 1206 of 2008 ------------------------- C.R.NO. 28/1998 OF PUNALUR RANGE CIRCLE OFFICE CC.1289/2007 of JUDL.MAGISTRATE OF FIRST CLASS-III, PUNALUR .................... PETITIONER: ------------ DR. J.SREEDEVI, AGED 52 YEARS W/O.M.V.RAVI, KRISHNA BHAVAN, THOLICODE PUNALUR VILLAGE, PATHANAPURAM TALUK KOLLAM DISTRICT. BY ADV. SRI.R.SURAJ KUMAR SMT.GEETHA P.MENON RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA DEPARTMENT OF EXCISE, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. 2. EXCISE INSPECTOR PATHANAPURAM RANGE EXCISE CIRCLE OFFICE PUNALUR. BY PUBLIC PROSECUTOR MR. K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 1206 of 2008 = = = = = = = = = = = = = = Dated this the8th day of April , 2008 ORDER The petitioner who is an Ayurvedic physician by name Dr.J.Sreedevi and who is the accused in C.R.No.28 of 1998 of Punalur Excise Range registered for an offence originally punishable under Section 56(b) of the Kerala Abkari Act and subsequently charge sheeted for an offence punishable under Section 63 of the said Act and now pending before the Judicial First Class Magistrate Court-III, Punalur as C.C.No.1289 of 2007, seeks to quash all proceedings before the Magistrate. 2. According to the petitioner, she has been in possession of indigenous medicinal preparations and conducting sale of the same under valid licence issued by the statutory authorities and there is no allegation that the petitioner wilfully did something to increase the intoxicating property of the herbal preparations by adding spurious liquor so as to increase the strength beyond 12% CRMC.1206/2008 -2- by volume of ethyl alcohol. 3.The learned Public Prosecutor submitted that any medicinal or toilet preparation containing alcohol which is self generated and which contains ethyl alcohol in excess of 12% by volume is a “spurious preparation” within the meaning of Rule 3(l) read with the Note thereto of the Kerala Spirituous Preparation (Control)Rules, 1969 and the petitioner is liable to be prosecuted under Section 63 of the Kerala Abkari Act. 4. It is too early to consider whether the petitioner had wilfully done something to attract the penal provision referred to above. The learned Magistrate has taken cognizance of the offence and has registered the case as C.C.No.1289 of 2007. In case the Summons Trial Procedure is followed by the Magistrate, the petitioner can plead for dropping the proceedings under Section 251 read with section 259 Cr.P.C.in the light of the decision in Dr.Kamala Rajaram v. State of Kerala, 2005(3) K.L.T.617. In case the learned Magistrate is following warrant procedure,the petitioner can certainly plead for a discharge at the appropriate state. In either case, the petitioner may do so in absentia. In case the petitioner files an application in that behalf, the learned Magistrate shall dispose of the same without insisting CRMC.1206/2008 -3- on the personal appearance of the petitioner. This Crl.M.C.is disposed of accordingly. V. RAMKUMAR, JUDGE ks.