IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 10TH JULY 2009 / 19TH ASHADHA 1931 Crl.MC.No. 1149 of 2009() ------------------------------------ CRIME NO.125/2009 OF VITHURA POLICE STATION, THIRUVANANTHAPURAM. .................... PETITIONERS/ACCUSED NOS.1 & 2 -------------------------------------------------- 1. VISHNU, AGED 27 YEARS, S/O.RAMESH CHANDRABABU, ATTINPURAM HOUSE, VITHURA, THIRUVANANTHAPURAM DISTRICT. 2. SANTHOSH, S/O.APPUKUTTAN, SANTHOSH BHAVAN, PEYAD, THIRUVANANTHAPURAM DIST. BY ADV. MR.M.G.KARTHIKEYAN MR.NIREESH MATHEW RESPONDENT/COMPLAINANT ------------------------------------------- STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, VITHURA POLICE STATION, THIRUVANANTHAPURAM DIST., REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.1149 OF 2009 =========================== Dated this the 10th day of July,2009 ORDER Petitioners are the accused in Crime 125/2009 of Vidhura Police Station registered under section 57A of Abkari Act. They are the employees and licensees of toddy shop No.8/2008-09 of Nedumangad Excise Range. Prosecution case is that on 12.3.2009 the Sub Inspector of Plice, vithura Police Station conducted a search in the toddy shop and seized 24 bottles with some liquid and took samples and sent it for examination at the Laboratory and petitioners committed offence under section 57A of Abkari Act and the case is registered. This petition is filed under section 482 of Code of Criminal Procedure contending that under sub rule (3) of Rule 8 of Abkari Shops and Disposal Auction Rules 2002, Crl.M.C.1149/2009 2 only on receipt of chemical analyst report the case can be registered if there is any violation of the provisions of Abkari rules or conditions of licence or adulteration and before getting the report from the chemical analyst, case cannot be registered and as it is premature it is to be to quashed. 2.Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. Learned counsel appearing for the petitioners submitted that receipt of a report from chemical analyst is a condition precedent for registration of the case registration of the crime, before receipt of the report is illegal and it is to be quashed. Reliance was placed on the decision of this Court in 1009/2001 dated 1.6.2009 whereunder the same question was considered. As in this case that case was also registered before receipt of the report of chemical analyst and it was found that registration of the case is premature. The Crl.M.C was disposed making it Crl.M.C.1149/2009 3 clear that registration of Annexure A F.I.R will not disentitle petitioner from raising his preferential claim, if available under Rule 5. Petition is disposed of making it clear that the registration of Annexure A F.I.R will not disentitle the petitioners from raising preferential claim, if available under Rule 5 as it now stands, till receipt of the report of the chemical analyst against them. If on receipt of the chemical analyst it is found that there is violation of provisions of Act or Rules or any adulteration based on the sample taken under Annexure B mahazar and license if any was renewed in the name of the petitioners based on preferential claim, it will stand cancelled. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006