IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 Crl.MC.No. 3083 of 2005(A) -------------------------------------------- CP.18/2005 of JUDL.MAGISTRATE OF FIRST CLASS, KOLENCHERRY .................... PETITIONER/ACCUSED: ----------------------- K.K.SASI, KOTTAYIL TOURIST HOME, MAMALA, ERNAKULAM DISTRICT. BY ADV. SRI.ELVIN PETER P.J. RESPONDENTS/COMPLAINANTS: 1. THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE COMMISSIONER OF EXCISE, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. 3. THE EXCISE CIRCLE INSPECTOR, ERNAKULAM. PUBLIC PROSECUTOR SRI.MOHAMMED PUZHAKARA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 29/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P. Balachandran, J. ----------------------- Crl.M.C.No.3083 of 2005 ----------------------- ORDER Heard counsel for the petitioner and the Public Prosecutor. 2. The prayer in this Crl.M.C. is to quash the proceedings initiated as against the petitioner vide C.P.No.18/05 on the file of the Judicial First Class Magistrate's Court, Kolencherry. Petitioner is the second accused in O.R.No.2/01 of Mamala Excise Range for offences under Sections 56(a) and (b) and 15 read with Sections 63 and 64 of the Abkari Act. Investigation in the case is over and final report submitted is Annexure-A8. Committal Proceedings No.18/05 is registered on the basis thereof by the Judicial First Class Magistrate, Kolencherry. After elaborate arguments, learned counsel for the petitioner is unable to convince me that offence under Sections 56(a) and (b) will not be attracted as against the petitioner when read with Section 64 of the Abkari Act. All the same, CRMC 3083/05 2 an offence under Section 15 of the Abkari Act is not attracted, though in the final report Section 15 is also incorporated. There is no sessions offence made out even going by the charge. Registration of the final report as C.P.No.18/05 by the Judicial First Class Magistrate, Kolencherry is, hence, unwarranted and the said proceedings is hereby quashed without prejudice, however, to the learned Magistrate registering the case and proceeding against the petitioner for offences under Sections 56(a) and (b) read with second limb of Section 64 of the Abkari Act. This Crl.M.C. is disposed of as above. 29th October, 2008 (K.P.Balachandran, Judge) tkv