IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932 Crl.MC.No. 1498 of 2010() ------------------------- (CRIME & OCCURRENCE REPORT IN EXCISE CRIME NO.19/2010 OF EXCISE RANGE OFFICE, CHITTOOR) PETITIONERS: ACCUSED ----------------------- 1. RADHAKRISHNAN, AGED 38, S/O. VELAYUDHAN, PARAKKAL VEETTIL, CHITTOOR TALUK, THEKKEDESOM VILLAGE, PALAKKAD DISTRICT. 2. T.M.REENA, W/O. BHAGEERADHAN, KARETTA HOUSE, KOORKANCHERRY P.O., THRISSUR DIST. 3. AYYASWAMI, S/O. VELUMANI, PANANTHARA HOUSE, AARAMPADAM, THATHAMANGALAM, CHITTOOR, PALAKKAD DISTRICT. BY ADV. SRI.T.A.SHAJI RESPONDENT: COMPLAINANT. --------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (REPRESENTING THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, CHITTOOR, PALAKKAD DISTRICT). PUBLIC PROSECUTOR MR.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ----------------------------------- Crl.M.C.No.1498 of 2010 -------------------------------------- Dated this the 12th day of July, 2010 ORDER Petitioners who are accused Nos.1 to 3 in Excise Crime No.19/2010 of Excise Range Office, Chittoor for an offence punishable under Section 57(a) of Abkari Act seeks to quash Annexure A Crime and occurrence report and all further proceedings in the above case. The case of the prosecution is that the Commissioner of Excise and the Excise officials attached to the Chittoor Excise Range made surprise visit of various toddy shops including Toddy Shop No.59/10-11 of Chittoor Excise Range of which the first petitioner is an employee and petitioners 2 and 3 are the joint licensees of privilege to run the said shop and a 500 ml empty plastic bottle having the label “Aristocrat white Rum” bearing the hologram and sticker of Kerala State Beverages Corporation was found in the toddy shop and that the toddy kept in the shop for sale was suspected to have been adulterated by mixing it with white rum. Crl.M.C.No.1498/2010 : 2 : 2. 24/4/2010 was the date of the surprise inspection and the detecting officer had seized the toddy after drawing four samples thereupon under a mahazar. The petitioners were accordingly arrayed as A1 to A3 on the above suspicion. 3. During the investigation of the case the samples drawn by the detecting officer were forwarded to the chemical examiners laboratory, Ernakulam through the Judicial Magistrate of the First Class, Chittoor on 26/5/2010. The report (certificate of the analysis) dated 14/6/2010 shows that the samples 5.56, 4.63, 4.70 & 4.77 v/v of ethyl alcohol which are within the permitted limit as prescribed under Rule 9(2) of the Kerala Abkari Shops Disposal Rules, 2002. If so, the prosecution launched against the petitioners is misconceived. It will be an abuse of the process of the court if the petitioners were to be tried for the above offence. Accordingly, the crime and occurrence report in Excise Crime No.19/2010 of Excise Range Office, Chittoor is quashed. This Criminal M.C. is allowed as above. V.RAMKUMAR, JUDGE skj