IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 Crl.MC.No. 5056 of 2010() ------------------------------------- CRIME NO.28/2010 OF EXCISE RANGE OFFICE, KOZHIKODE ----------------------- PETITIONER(S)/ACCUSED --------------------------------------- P.AJAYKUMAR,S/O.KANDANKUTTY, SEA QUEEN HOTEL, BEACH ROAD, CALICUT. BY ADV. SRI.T.C.MOHANDAS SRI.T.M.SUNIL SMT.S.CHITHRA RESPONDENT(S)/ COMPLAINANT ----------------------------------------------- 1. STATE OF KERALA REPRESENTED BY CIRCLE INSPECTOR OF EXCISE EXCISE RANGE OFFICE, KOZHIKODE RANGE. 2. EXCISE INSPECTOR EXCISE RANGE OFFICE, KOZHIKODE.PIN-673 001 R1 & R2 BY PUBLIC PROSECUTOR SRI.B.JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.5056/2010 APPENDIX PETITIONER'S ANNEXURES: ANNEX A COPY OF THE FL-3 LICENSE ANNEX B COPY OF THE PLAN OF THE GROUND FLOOR PLOT ANNEX C COPY OF THE ORDER DATED 2/7/2002 PERMITTING EXTENSION OF THE BAR AREA. ANNEX D COPY OF THE DEMAND DRAFT DATED 30/3/2010. ANNEX E COPY OF THE MAHAZER DATED 13/7/2010. ANNEX F COPY OF THE CRIME AND OCCURENCE REPORT IN CR.NO.28/2010 ANNEX G COPY OF THE JUDGMENT IN CRL.M.C.NO.2292/2009 DATED 20/8/2009. ANNEX H COPY OF THE JUDGMENT IN CRL.M.C.NO.4173/2010 DATED 28/10/2010. ANNEX 1 COPY OF THE APPROVED PLAN SHOWING THE ADDITIONAL BAR COUNTER STARTED BY THE PETITIONER. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts B.P. RAY, J. ------------------------------------------------- Crl. M.C No. 5056 OF 2010 ------------------------------------------------- DATED THIS THE 3rd DAY OF AUGUST, 2011 O R D E R Petitioner is an accused in Crime No.28/2010 of Excise Range office, Kozhikode for offence punishable under Section 56 (b) of the Abkari Act. 2. Heard learned counsel for the petitioner and learned Public Prosecutor and perused the statement filed by Investigating officer. Petitioner has challenged Annexure-E mahazar and Annexure-F crime and occurrence report. Petitioner is a licence under the category of FL-3 licence as per the Abkari Act. The said licence was valid upto 31-03-2012. In the year 2002 petitioner was granted permission to extend the bar area covering the adjacent vacant hall and also to construct a roof garden. Accordingly a bar counter was prepared and the petitioner has also paid required fee for the extension of bar counter. On perusal of the statement petitioner has constructed an additional counter and roof top sales room in the boar. In my considered view no liquor cannot be served without opening a counter which is permissible under the Rules. Therefore, the impugned action of the petitioner cannot be faulted with. Crl M.C No.5056/2010 -2- Accordingly I quashed the charges and final report submitted and set aside Annexure-E mahazar and Annexure-F crime and occurrence report So Crime No.28/2010 treated to be closed. Sd/- B.P. RAY, JUDGE. AMG True copy P.A to Judge