IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 22ND JULY 2010 / 31ST ASHADHA 1932 WP(C).No. 13813 of 2010(Q) -------------------------- CR.NO.59/2010 OF SASTHAMCOTTA EXCISE RANGE --------------------------- PETITIONER(S): --------------- BIJU JOSEPH, AGED 39 YEARS, S/O.P.G.BABU,PADIPPURAVEETTIL KIZHEKKETHIL HOUSE, KADAMPANADU P.O.,ADOOR,PATHANAMTHITTA DISTRICT. BY ADV. SRI.C.C.THOMAS, SENIOR ADVOCATE SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENT(S): --------------- 1. THE EXCISE INSPECTOR,EXCISE RANGE OFFICE SASTHAMCOTTA, KOLLAM DISTRICT. 2. THE DEPUTY COMMISSIONER OF EXCISE, K0LLAM. 3. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE,THIRUVANANTHAPURAM. 4. STATE OF KERALA, REPRESENTED BY THE SECRETARY,TAXES (A) DEPARTMENT,GOVT.SECRETARIAT,THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER MR.C.S.HRITHICK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2010, ALONG WITH WPC NO. 13922 OF 2010 AND WPC NO. 14299 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- W.P(C) Nos. 13813, 13922 and 14299 of 2010 -------------------------------------- Dated this the 22nd day of July, 2010 J U D G M E N T Petitioners, are licensees of toddy shops. They are accused in three different crimes. The petitioners in W.P(C) No.14299/2010 are the salesman and licensee respectively of Group No.IV of Kottarakkara Excise Range. The crime which is registered against the petitioners is CR.No.39/2010 of Kottarakara Excise Range of the 4th respondent for offences punishable under Sections 57(a) and 56(b) of the Abkari Act. The case of the prosecution is that the toddy seized from one of the toddy shops was adulterated. The samples drawn from the toddy seized have been forwarded to the chemical examiner for analysis to find out the percentage of ethyl alcohol in those samples. Reports are awaited. 2. The petitioner in W.P(C) No.13813/2010 is a licensee of Group No.III of Sasthamcotta Excise Range in Kollam Range. The occurrence took place on 22.4.2010 at 9.55 AM, when the 1st respondent and his excise parties inspected toddy shop No.7 included in the said group and seized 58.8 liters of toddy suspected to be mixed with spirit. This resulted W.P(C) Nos. 13813, 13922 and 14299 of 2010 : 2 : in CR.No.59/2010 for offences punishable under Sections 57 (a) and 56(b) of the Abkari Act. The samples drawn from the bulk quantity have been forwarded to the chemical examiner for analysis and the certificates of analysis are yet to be received by the committal Magistrate. 3. The petitioner in W.P(C) No.13922/2010 is the licensee of toddy shop in Group No.IV of Adoor Excise Range. On 15.4.2010 the 4th respondent seized 715 liters of toddy allegedly mixed with spirit from a pick up van bearing Registration No.KL-26-4222 and registered Crime CR.No.466/2010 for an offence punishable under Section 57 (A) of the Abkari Act. The samples drawn from the bulk quantity have been forwarded to the chemical examiner for analysis. The results are awaited. 4. The request of the petitioners is to quash the above crimes and occurrence reports and all further proceedings in the above cases. The said request cannot be acceded to at this stage of the proceedings. As and when the reports of the chemical analysis are received before the Magistrate concerned, the Officer-in-Charge of the investigation of the W.P(C) Nos. 13813, 13922 and 14299 of 2010 : 3 : above crimes shall complete the investigation and file a final report before the Magistrate expeditiously and in accordance with the result of the chemical analysis. In case the petitioners are charge sheeted by the investigating officer concerned, the petitioners can assail the same in appropriate proceedings if grounds exist to do so. Reserving the above right of the petitioners, these writ petitions are disposed of. V.RAMKUMAR, JUDGE dmb