IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 3RD MAY 2011 / 13TH VAISAKHA 1933 Crl.MC.No. 1347 of 2011() -------------------------------------- (CR.NO.44/2011 OF SULTHAN BATHERI EXCISE RANGE,WAYANAD DISTRICT) .................... PETITIONER(S): ACCUSED NOS 1 & 2: --------------------------------------------------------- 1. JOSEPH.T.D., S/O. DEVASSIA, THOPPIL HOUSE, ERULAM BHAGAM, ERULAM VILLAGE, SULTHAN BATHERI, WAYANAD DISTRICT. 2. P.N.SOMAN, S/O. NARAYANAN, PIRAVIKKOTTU HOUSE, POOTHADI VILLAGE, SULTHAN BATHERI, WAYANAD DISTRICT. BY ADVS. SRI.M.G.KARTHIKEYAN, SRI.NIREESH MATHEW. RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE,SULTHAN BATHERI, WAYANAD DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. B,VINOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.S. GOPINATHAN, J. ........................................... Crl.M.C.NO.1347 OF 2011 ............................................. Dated this the 3rd day of May, 2011. O R D E R Petitioners are accused 1 and 2 in CR.No.44/2011 of Sulthan Batheri Excise Range. They are worker and licensee of toddy shop No.16 in Sulthan Bathery excise range. On 1.5.2011 when the toddy sample was collected, it was felt that toddy contained added spirit. Consequently the case was registered and the sample was taken and sent for analysis. 2. Now the petitioners seek an order to keep in abeyance all further proceedings in pursuance to AnnexureA crime and occurrence report till the receipt of the report of the chemical analysis with a plea that before getting the analysis report, it cannot be finally concluded that there was added spirit in the toddy. Having heard either side, I find that the prosecution is waiting for the report of the chemical examiner for filing the final report. The learned Public Prosecutor submitted that the investigating officer is not at all initiating any Crl.M.C.NO.1347 OF 2011 : 2 : coercive proceedings against the petitioner till the receipt of the report of the chemical analysis. Recording that submission, this petition is disposed of. P.S. GOPINATHAN, JUDGE. cl