IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2850 of 2010()
1. K.NAGARAJA, AGED 34,
... Petitioner
2. NARESH, AGED 25, S/O.ANAND,
Vs
1. STATE OF KERALA,
... Respondent
2. SUB INSPECTOR OF POLICE,
For Petitioner :SMT.R.PADMAKUMARI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :29/07/2010
O R D E R
V.RAMKUMAR, J.
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Crl.M.C.No.2850 of 2010
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Dated this the 29th day of July, 2010
ORDER
The petitioners who are accused Nos.1 and 2 in
S.C.No.580 of 2007 on the file of the Additional Sessions
Court (Ad hoc-III), Kasaragod in a prosecution of the offence
punishable under Section 8(2) of the Abkari Act for allegedly
found in possession of 900 sachets of arrack (the sale of which
is restricted in the State of Karnataka) and which were kept in
two white plastic sacks in the autorikshaw and registered by
the Manjeswar Police as Crime No.170 of 2006, seek to quash
Annexure-A2 proceedings of the Additional Sessions Court as
per which the case which was posted for judgment was
re-opened.
2. This Court called for a report from the Additional
Sessions Court. He has sent his report to the effect that when
the above case stood posted for judgment, on perusal of the
entire records it was brought to his notice that the inventory
as well as the photographs prepared by the Assistant Excise
Crl.M.C.No.2850/2010
: 2 :
Commissioner under Section 53A of the Abkari Act were not
marked in the case and then it was to enable the prosecution
to mark the same after examination of the Assistant Excise
Commissioner that the case was re-opened and it stands
posted to 11/8/2010.
3. The inventory relating to the residue of the samples
and the photographs were prepared by the Assistant Excise
Commissioner under Section 53A of the Abkari Act. Hence,
there was nothing wrong in the learned Additional Sessions
Court re-opening the case for the purpose of marking the
above documents by examining the Assistant Excise
Commissioner. The petitioner will have an opportunity to
cross-examine the witness as and when he is examined. The
proceedings of the court below are not liable to be quashed
for the reasons stated in the petition.
This Criminal M.C. is accordingly dismissed.
V.RAMKUMAR, JUDGE
skj