IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4499 of 2010()
1. SHAJEER, S/O.MUHAMMED, AGED 28 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.GEO PAUL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :08/12/2010
O R D E R
M.Sasidharan Nambiar, J.
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Crl.M.C.No.4499 of 2010
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ORDER
Petitioner was the third accused in C.P.No.
26/2009 on the file of Judicial First Class
Magistrate’s Court, Kolenchery, taken cognizance
for the offences under Sections 55(a) and 8(1)(2)
of Abkari Act on Annexure-A2 final report. Case
against accused 1 and 2 was committed to the
Sessions Court. They were tried by Assistant
Sessions Judge (Fast Track-I), Ernakulam after
splitting up the case against the petitioner as
S.C.85/2010. Those accused were acquitted. This
petition is filed under Section 482 of Code of
Criminal Procedure to quash the proceedings pending
against the petitioner contending that except an
allegation that there is a confession by the co-
accused, there is no material whatsoever to connect
petitioner with the offences and therefore, even if
petitioner is to be tried, there is no likelihood
CRMC 4499/2010 2
of a successful prosecution and therefore, it is
not in the interest of justice to continue the
prosecution.
2. Annexure-A2 final report shows that
prosecution case is that petitioner had entrusted
17 cans of spirit, each having a capacity of 35
litres, to the first accused, who kept the same in
Indica Car KL-6/D 3082 in his possession on the
courtyard of the house of the second accused, which
was seized on 28.12.2008 at 2.15 p.m. The case is
that possession of spirit was in violation of the
provisions of Abkari Act and all the accused
committed the offences.
3. Accused 1 and 2 were already acquitted. The
allegation against the petitioner is only that he
entrusted spirit to the first accused. Learned
counsel appearing for the petitioner submitted that
except the confession statement of the co-accused,
there is no other material to connect the
petitioner with possession of the spirit seized on
CRMC 4499/2010 3
28.12.2008 from the car used by the first accused.
Learned Public Prosecutor, on verifying the case
diary, also submitted that except the confession
statement of the co-accused, there is no other
material to connect petitioner with the offences.
In such circumstances, even if petitioner is to be
tried, there is no likelihood of a successful
prosecution. Hence, it is not in the interest of
justice to continue the prosecution.
Petition is allowed. C.C.No.2/2010 on the file
of Judicial First Class Magistrate’s Court,
Kolenchery is quashed.
8th December, 2010 (M.Sasidharan Nambiar, Judge)
tkv