IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 27TH FEBRUARY 2009 / 8TH PHALGUNA 1930 Crl.MC.No. 997 of 2006 ------------------------ CRIME NO. 47/2006 OF KARTHJIKAPPALLY EXCISE RANGE PETITIONER: --------------- SASIDHARAN, S/O.KUTTAPPAN, SASIPURAM VEETTIL, MUTTATHIPARAMBU, SREEKANDAMANGALAM MURI, THANNEERMUKKAM VILLAGE, CHERTHALA TALUK. BY ADV. SRI.RASHEED C.NOORANAD RESPONDENT: --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. C.M. KAMMAPPU THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 27-2-2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.M.A. NO. 1565/2006 IN CRL.M.C.NO. 997 OF 2006 DISMISSED. 27-2-2009 SD/-M.C. HARI RANI, JUDGE TRUE COPY P.S.TO JUDGE ks. M.C. HARI RANI, J. ====================== CRL.M.C.NO.997 OF 2006 ======================= Dated this the 27th day of February 2009 ORDER The petitioner herein is the second accused in Crime No.47/2006 of Karthikapally Excise Range and the offence alleged is under Section 57 of the Kerala Abkari Act. The first accused in the crime is running toddy shop No.19/2005-06 of Karthikappally Excise Range and the petitioner is the licensee. The above crime was registered against the petitioner and the first accused on 5-3-2006 on the basis of the inspection conducted by the Preventive Officer of Karthikappally Excise Range, who was on patrol duty and conducted a routine checking in the above toddy shop on that day. Annexure-III is the crime and occurrence report. Annexure-IV is the mahazar prepared during inspection on 5-3-2006. The Preventive Officer took some CRMC. 997/2006 -2- samples from the containers kept in that toddy shop on 5-3-2006 and immediately registered Crime No.47/2006 alleging offence under Section 57 of the Kerala Abkari Act against the petitioner and the first accused. It is alleged in this petition that the above crime was registered against the petitioner with mala fide intention and in violation of Rule 8(3) of the Kerala Abkari Shops Disposal Rules,2002 and before getting the chemical analysis report. The crime was registered against the petitioner on the same date with mala fide intention and the same is liable to be quashed for which this petition is filed. 2. Heard the learned counsel appearing for the petitioner and also the learned Public Prosecutor. 3. It is the admitted case that the petitioner herein is the licensee of toddy shop No.19/2005-06 of Karthikappally Excise Range and the first accused was the salesman. It is revealed from Annexure-III crime and occurrence report and from Annexure-IV mahazar that on 5-3-2006 at bout 12.15 p.m.,the Preventive Officer of Karthikappally Excise Range while on patrol duty conducted a routine checking in the toddy shop and seized CRMC. 997/2006 -3- some samples from the containers kept in that shop. Thereafter, on the same day crime No.47/2006 was registered by him against the petitioner and the first accused alleging offence under Section 57 of the Kerala Abkari Act. Section 57 of the Kerala Abkari Act deals with adulteration etc. by licensed vendor or manufacturer. The procedure in taking samples from toddy shops or Foreign Liquor-I shops has been prescribed in Chapter VII of Kerala Abkari Shops Disposal Rules, 2002. Rule 8(3) reads as follows: “On receipt of the Chemical Analysis Report, if any violation of the provisions of the Abkari Act, rules or conditions of License or any adulteration is noticed, a case shall be registered within 24 hours. The sample marked as 'B' shall be produced before the concerned court. If no case is registered, the sample marked 'B' shall be destroyed.” Thus it is evident from the above rule that a case can be registered only after receipt of chemical analysis report. It is the admitted case that the above crime in this case was registered CRMC. 997/2006 -4- against the petitioner before the receipt of chemical analysis report in respect of the samples taken from the toddy shop wherein the petitioner was a licensee. 4. It is submitted by the learned Public Prosecutor that in the present case, the chemical analysis report was received on 27-3-2006. This petition is filed by the petitioner before this Court on 28-3-2006 with the prayer to quash Annexures-III and IV, F.I.R.and the mahazar. From the materials on record, it is evident that this is a clear violation of Rule 8(3)) of the Kerala Abkari Shops Disposal Rules 2002 and as such the crime is unsustainable and is liable to be quashed. Therefore, this petition is allowed and Annexures-III and IV, crime and occurrence report and the mahazar in Crime No.47/2006 of Karthikapally Excise Range are quashed. The Crl.M.C.is allowed. Sd/- M.C. HARI RANI, JUDGE ks.