IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 22ND MARCH 2011 / 1ST CHAITHRA 1933 OP(Crl.).No. 1306 of 2010(Q) ---------------------------- CRIME NO.711/2008 OF ADOOR POLICE STATION PETITIONER ------------------------- RAJENDRAN, AGED 44 YEARS, S/O.RAGHAVAN PILLAI, RAJENDRAVILASATHIL, THOOVAYOOR NORTH MURI, ERATHU VILLAGE, ADOOR TALUK, PATHANAMTHITTA DIST. BY ADV. SRI.V.SETHUNATH RESPONDENTS/RESPONDENTS -------------------------- 1. THE CIRCLE INSPECTOR OF POLICE, ADOOR. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO HOME DEPARTMENT, SECRETARIAT, GOVT. OF KERALA THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR : ADV SRI K H MOHAMMED ANZAR THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 22/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- O.P(Crl).No.1306 of 2010 --------------------------------------- Dated this 22nd day of March, 2011 JUDGMENT Petitioner is accused in Crime No.711 of 2008 of Adoor Police Station for offences punishable under Sec.56(A)(i)(b) of the Abkari Act for alleged possession of Ayurvedic medicines which according to the Excise officials contained alcohol in excess of permissible limits. After investigation Ext.P1, final report is filed alleging that petitioner committed offences as alleged. Grievance of petitioner is that it is without the report of chemical examination that Ext.P1, final report was submitted. Now the case is pending before the learned Judicial First Class Magistrate, Adoor as C.P.No.237 of 2008. Learned Public Prosecutor has submitted that the report of chemical examination has not so far been received. 2. There is no bar in the prosecution producing documents even after submission of the final report. In Den and Co. Vs. Mathai (2006(3) KLT SN 43) it is held that the provision regarding production of documents with final report is only directory in nature. Hence absence of chemical report is not sufficient to interfere in the proceeding. But I make it clear that O.P(Crl).No.1306 of 2010 -: 2 :- charge shall be framed against petitioner only after report of chemical examination is received by the trial court. This petition is disposed of with the above direction. (THOMAS P JOSEPH, JUDGE) Sbna/- /True Copy/ P.A to Judge