IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 4TH FEBRUARY 2011 / 15TH MAGHA 1932 WP(C).No. 35439 of 2010(D) --------------------------------------- CRIME NO.78/2010 OF CHERTHALA EXCISE RANGE. ................... PETITIONER(S): ----------------------- 1. BAHULEYAN, AGED 49 YEARS, S/O. PRABHAKARAN, ANIYANTHARA, PALLIPPURAM PANCHAYATH, WARD 11, CHERTHALA TALUK, ALAPPUZHA DIST. 2. P.K. SUKUMARAN, S/O. KOCHAPPI, PUTHENPURACKAL HOUSE, K.R. PURAM, CHENNAMPALLIPPURAM MURI, PALLIPPURAM, CHERTHALA TALUK, ALAPPUZHA DIST. 3. MANIYAPPAN, S/O. KUMARAN, MOONNAMKARA VELIYIL, CHERTHALA NORTH VILLAGE, CHERTHALA TALUK, ALAPPUZHA DIST. 4. KARLOSE, SABU, S/O. EESY, PALLIPPARAMBIL HOUSE, PATTANAKKAD VILLAGE, CHERTHALA TALUK, ALAPPUZHA DIST. 5. SABU, S/O. RAGHAVAN, PARAVATHI NIKARTHIL, CHERTHALA NORTH VILLAGE, CHERTHALA TALUK, ALAPPUZHA DIST. BY ADV. SRI.K.RAMANATHAN RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, THROUGH THE GOVERNMENT PLEADER, HIGH COURT OF KERALA, PIN-695 001. 2. THE EXCISE INSPECTOR, EXCISE RANGE, CHERTHALA, ALAPPUZHA DISTRICT-688 431. 3. THE EXCISE COMMISSIONER, EXCISE, COMPLEX, THIRUVANANTHAPURAM-695 001. R1 TO R3 BY PUBLIC PROSECUTOR MR.K.J. MOHAMMED ANZAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs THOMAS P JOSEPH, J. ---------------------------------------- W.P.C.No.35439 of 2010 --------------------------------------- Dated this 04th day of February, 2011 JUDGMENT This petition is filed by the accused in Crime No. 78 of 2010 of Cherthala Excise Range Office for offence punishable under Sec.57(a) of the Abkari Act (for short, "the Act”). It is not disputed that samples were collected from the toddy shop of which petitioners 2 to 5 are the licensees and the first petitioner is the manager. Chemical examination revealed that samples contained starch. Thereon case was registered against petitioners for offence punishable under Sec.57(a) of the Act as if toddy contained extraneous substance which according to the detecting officer is prohibited as per the relevant Rules. In this proceeding, validity of Ext.P4, notification is under challenge. It is contended that going by Ext.P4 starch is an injurious substance in which case offence attracted is under Sec.272 of the Penal Code and in view of Sec.57(a) of the Act, when an offence under Sec.272 of the Act is made out, no offence under Sec.57(a) is attracted. Learned counsel however at the time of hearing requested permission to withdraw the petition without prejudice to the right of petitioners to challenge the final report if any, filed in the W.P(C).No.35439 of 2010 -: 2 :- matter. Learned counsel also requested that investigating officer may be directed to expedite investigation and submission of final report. I have heard learned Public Prosecutor also. I am inclined to accept the request. Resultantly this criminal miscellaneous case is dismissed as withdrawn without prejudice to the right of petitioners to challenge the final report if any against them. Investigating officer is directed to expedite the investigation and submission of final report. (THOMAS P JOSEPH, JUDGE) Sbna/- /True Copy/ P. A to Judge