IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2698 of 2009()
1. S.PADMA KUMAR, LEKSHMI VILAS, PRAMADOM,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. ASSISTANT EXCISE COMMISSIONER,
3. ASU DRUGA CONTROLLER (ISM),
4. EXCISE INSPECTOR, CHITTAR RANGE,
For Petitioner :SRI.VINOY VARGHESE KALLUMOOTTILL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :26/08/2009
O R D E R
M.Sasidharan Nambiar, J.
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Crl.M.C.No.2698 of 2009
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ORDER
Petitioner is the third accused in S.T.No.
638/2008 on the file of Judicial First Class
Magistrate’s Court, Ranni, taken cognizance for the
offence under Section 58B of Kerala Abkari Act.
Petitioner is the manufacturer of Dasamoolarishtam,
which was seized by the police while accused 1 and
2 were transporting it. This petition is filed
under Section 482 of Code of Criminal Procedure
contending that offence under Section 58B of Abkari
Act is not at all attracted as medicinal
preparations are exempted and in such
circumstances, the case is to be quashed.
2. Learned counsel appearing for the petitioner
and learned Public Prosecutor were heard.
3. Before framing the charge, Magistrate has to
hear the prosecution and the defence and decide
whether an offence under Section 58B of Abkari Act
CRMC 2698/09 2
is attracted or not. Petitioner is entitled to file
a petition for discharge under Section 239 of Code
of Criminal Procedure and raise all the contentions
raised herein before the Magistrate. It is then for
the Magistrate to decide whether Section 58B of
Abkari Act is attracted or not.
With liberty to file a petition before the
Magistrate for discharge under Section 239 of Code
of Criminal Procedure, petition is disposed.
26th August, 2009 (M.Sasidharan Nambiar, Judge)
tkv