IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2818 of 2009()
1. AJITHKUMAR, S/O. KRISHNA PILLAI,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTING
... Respondent
For Petitioner :SRI.C.A.CHACKO
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :23/09/2009
O R D E R
M.Sasidharan Nambiar, J.
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Crl.M.C.No.2818 of 2009
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ORDER
Petitioner is the third accused in C.P.No.41/2009
on the file of Judicial First Class Magistrate’s Court,
Ambalapuzha. Prosecution case is that first accused
stored 600 ml. of Indian Made Foreign Liquor, in
violation of the provisions of Abkari Act and without
obtaining a licence, in a bunk shop, near the shopping
complex, on the side of Kollam-Alappuzha National
Highway road at Ambalapuzha and sold the same in
glasses to accused 2 and 3 from a public place and the
accused thereby committed the offences under Sections
55(a) and (i) and 15C of Abkari Act. This petition is
filed under Section 482 of Code of Criminal Procedure
for a direction to the Magistrate to permit the
petitioner to plead guilty, as, under the final report,
he committed only an offence under Section 15C of
Abkari Act.
2. Learned counsel appearing for the petitioner
and learned Public Prosecutor were heard.
CRMC 2818/09 2
3. Argument of the learned counsel appearing for
the petitioner is that as is clear from Annexure-A1
final report, the only case as against the petitioner
is that he consumed foreign liquor from a public place,
when it was sold by the first accused from his bunk
shop and if that be so, at best, he can be prosecuted
only for the offence under Section 15C of Abkari Act
and petitioner is entitled to plead guilty of the said
offence. Learned counsel relied on the unreported
decision of this Court in Crl.M.C.No.2145/2008
(Annexure-A2), where, in an identical case, this Court
permitted the petitioner therein to raise a contention
before the Magistrate, before committal, that he is
entitled to plead guilty of the offence under Section
15C of Abkari Act and also directed the Magistrate to
pass a reasoned order.
4. Learned Public Prosecutor submitted that the
entire case has to be committed to the Sessions Court.
5. In view of Annexure-A2 order of this Court,
where, in an identical situation, one of the accused,
who contended that as per the allegation the only
offence which is attracted as against him is under
CRMC 2818/09 3
Section 15C of Abkari Act and therefore, he is entitled
to plead guilty of the said offence, this court,
directed the Magistrate to consider the plea and pass
a reasoned order, petitioner is also entitled to the
said benefit.
Petition is disposed, granting liberty to the
petitioner to raise a plea before the Magistrate,
before committal, that the only offence which is
attracted as against him is under Section 15C of Abkari
Act and he is entitled to plead guilty of the said
offence. If such a plea is raised, Magistrate to
consider the plea and pass a reasoned order in the
application, if he choses to commit the case as against
the petitioner.
23rd September, 2009 (M.Sasidharan Nambiar, Judge)
tkv