IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1779 of 2008()
1. KISHORE, S/O. LATE A.K.RAMAN,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY
... Respondent
2. SUB INSPECTOR OF POLICE
For Petitioner :SRI.SAIBY JOSE KIDANGOOR
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :09/09/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.1779 OF 2008
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Dated 9th September 2009
O R D E R
Petitioner is the accused in crime
No.412/2008 of Thoppumpady police station registered
under Annexure-A FIR for the offence under Section
55(i) of Kerala Abkari Act. Prosecution case is that
on 26/4/2008 first accused, the security personal of
the petitioner, who is second accused, the licensee
conducted sale of the foreign liquor, after the
permitted time at about 0.25 a.m and thereby committed
offence under Section 55(i) of Abkari Act. This
petition is filed under Section 482 of Code of
Criminal Procedure to quash the FIR contending that
even if the allegation is accepted, an offence under
Section 55(i) is not attracted, as it would only
amount to violation of condition No.20 of Annexure-B
license and at best, it may attract an offence under
Section 56 of Abkari Act.
2. Learned counsel appearing for petitioner
and learned Public Prosecutor were heard.
CRMC 1779/09 2
3. Petitioner has produced Annexure-C
judgment in O.P.3379/1999, whereunder, in a similar
case this court, though dismissed the original
petition holding that the offence attracted is only
under Section 56 of the Abkari Act. Learned counsel
relied on the decision of this court in Mohanan v.
State of Kerala (2007 (1) KLT 845) and argued that in
any case, offence under Section 55(i) of Abkari Act is
not attracted.
4. Learned Public Prosecutor submitted that
final report has already been submitted. But, learned
Public Prosecutor could not throw light, whether,
the final report is for an offence under Section 56
or 55(i) of Abkari Act.
5. Allegation in Annexure-A FIR is only
that in violation of the conditions of the license,
through the security personal, petitioner the
licensee, sold liquor after the prescribed hour
during mid night. Even if, that case is accepted, it
would not attract an offence under Section 55(a) or 55
(i) of Abkari Act. Offence attracted would only be
one under Section 56 of Abkari Act. Therefore,
petition is disposed quashing the offence under
CRMC 1779/09 3
Section 55(i) of Abkari Act making clear that it will
not affect the investigation or final report submitted
for an offence under Section 56 of Abkari Act.
Petition is disposed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.
