Devapalan vs State Of Kerala Represented By The on 2 November, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 4249 of 2010()


1. DEVAPALAN, AGED 49 YEARS,
                      ...  Petitioner
2. T.N.ASHOKKUMAR, LICENSEE,

                        Vs



1. STATE OF KERALA REPRESENTED BY THE
                       ...       Respondent

2. THE EXCISE COMMISSIONER, COMMISSIONERATE

                For Petitioner  :SRI.C.C.THOMAS (SR.)

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :02/11/2010

 O R D E R
            M.SASIDHARAN NAMBIAR,J.
          ===========================
          CRL.M.C.No. 4249   OF 2010
          ===========================

    Dated this the 2nd day of November,2010

                     ORDER

Learned senior counsel appearing for the

petitioners submitted that in view of the

statement filed that seizure of liquor was from

the family restaurant, which is in violation

of condition No.2 of the licence and under

section 67A introduced by Act 3/2010 with

effect from 7.12.2009, an offence under

section 56(b) of Abkari Act is compoundable,

petition may be dismissed as withdrawn with

liberty to compound the offence and approach

the learned Magistrate for releasing the seized

articles.

Petition is dismissed as withdrawn with

liberty to the petitioners to compound the

offence and also to approach the learned

Magistrate for custody of the articles seized

and produced, before the Court.

                           M.SASIDHARAN NAMBIAR
                                       JUDGE

Crl.M.C.832/2010    2

tpl/-

M.SASIDHARAN NAMBIAR, J.

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W.P.(C).NO. /06

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JUDGMENT

SEPTEMBER,2006