IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 8TH DECEMBER 2010 / 17TH AGRAHAYANA 1932 Crl.MC.No. 4499 of 2010() -------------------------------------- C.P. NO.2/2010 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KOLENCHERRY. ............... PETITIONER(S): ACCUSED --------------------------------------- SHAJEER, S/O.MUHAMMED, AGED 28 YEARS, B.J.MANZIL HOUSE, NEAR SAW MILL, VELLANCHIRA, PANAVOOR PANCHAYATH, NEDUMANGADU TALUK. BY ADV. SRI.GEO PAUL RESPONDENT(S): STATE ----------------------------------- STATE OF KERALA, REPRESENTED BY CIRCLE INSPECTOR, KUNNATHUNADU POLICE STATION BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4499 of 2010 -------------------------- ORDER Petitioner was the third accused in C.P.No. 26/2009 on the file of Judicial First Class Magistrate's Court, Kolenchery, taken cognizance for the offences under Sections 55(a) and 8(1)(2) of Abkari Act on Annexure-A2 final report. Case against accused 1 and 2 was committed to the Sessions Court. They were tried by Assistant Sessions Judge (Fast Track-I), Ernakulam after splitting up the case against the petitioner as S.C.85/2010. Those accused were acquitted. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings pending against the petitioner contending that except an allegation that there is a confession by the co- accused, there is no material whatsoever to connect petitioner with the offences and therefore, even if petitioner is to be tried, there is no likelihood CRMC 4499/2010 2 of a successful prosecution and therefore, it is not in the interest of justice to continue the prosecution. 2. Annexure-A2 final report shows that prosecution case is that petitioner had entrusted 17 cans of spirit, each having a capacity of 35 litres, to the first accused, who kept the same in Indica Car KL-6/D 3082 in his possession on the courtyard of the house of the second accused, which was seized on 28.12.2008 at 2.15 p.m. The case is that possession of spirit was in violation of the provisions of Abkari Act and all the accused committed the offences. 3. Accused 1 and 2 were already acquitted. The allegation against the petitioner is only that he entrusted spirit to the first accused. Learned counsel appearing for the petitioner submitted that except the confession statement of the co-accused, there is no other material to connect the petitioner with possession of the spirit seized on CRMC 4499/2010 3 28.12.2008 from the car used by the first accused. Learned Public Prosecutor, on verifying the case diary, also submitted that except the confession statement of the co-accused, there is no other material to connect petitioner with the offences. In such circumstances, even if petitioner is to be tried, there is no likelihood of a successful prosecution. Hence, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.No.2/2010 on the file of Judicial First Class Magistrate's Court, Kolenchery is quashed. 8th December, 2010 (M.Sasidharan Nambiar, Judge) tkv