IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 17TH FEBRUARY 2009 / 28TH MAGHA 1930 Crl.MC.No. 3892 of 2008() -------------------------------------- CRIME NO. 141/2008 OF KUDIYANMALA POLICE STATION, KANNUR DISTRICT ................ PETITIONER(S): ------------------------ SURESH.N.S/O.BHASKARAN, AGED 37 NADUKANDATHIL HOUSE, MIDILAKKAYAM, ERUVESSY AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT BY ADVS. MR.V.A.SATHEESH MR.V.T.MADHAVANUNNI RESPONDENT(S): ------------------------- 1. THE STATION HOUSE OFFICER, KUDIYANMALA POLICE STATION, KANNUR DISTRICT. 2. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM PUBLIC PROSECUTOR MR.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- CRL.M.C.No. 3892 OF 2008 --------------------------------- Dated this the 17th day of February, 2009 O R D E R This petition is filed to quash the F.I.R in Crime No. 141/2008. The allegation against the petitioner is that he is conducting an Ayurvedic Medical Shop and the authorities found one black cannas with a liquid of brown colour of 24 litres of ayurvedic medicine and on smell etc. They suspected that it is a mixture of ayurvedic preparation plus illicit arrack. Therefore decided to proceed against the petitioner under Section 58 A of the Abkari Act. As directed by this court the prosecutor would submit that the sample was sent for examination by an expert and it has been found that it contains a good percentage of ethyl alcohol. So at this stage even going through the merits, one cannot hold that the prosecution is totally baseless. I am not going deeply into the case for the reason that it may affect the right of the accused at a later stage. The prosecution has to continue and there is no point in interfering with the said proceedings. If the petitioner surrenders before the Magistrate Crl.M.C. 3892/2008 -2- and moves an application for bail let it be considered by the Magistrate as expeditiously as possible. Therefore the Crl.M.C lacks merit and accordingly it is dismissed. M.N. KRISHNAN,JUDGE vkm