Nikesh vs Sub – Inspector Of Police on 9 November, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 1670 of 2006()


1. NIKESH, S/O. ARAVINDAKSHAN,
                      ...  Petitioner
2. MUNSHAD, S/O. MUHAMMED,
3. SAJEESH, S/O. SREEKUMAR,
4. SALIL KUMAR, S/O. SREEKUMAR,
5. SANTHOSH, S/O. DIVAKARAN,
6. SANOJ KUMAR, S/O. JAYADEVAN,
7. SASI, S/O. SREEDHARAN,

                        Vs



1. SUB - INSPECTOR OF POLICE,
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.S.U.NAZAR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :09/11/2010

 O R D E R
                   M.SASIDHARAN NAMBIAR, J.
          --------------------------------------------------------
                     Crl.M.C No.1670 OF 2006
          ---------------------------------------------------------
          Dated this the 9th day of November, 2010.


                               O R D E R

Whether consumption of liquor in a lodging a room would

constitute an offence under Section 15C of Abkari Act is the

question.

2. Judicial First Class Magistrate Court, Chavakkad took

cognizance for the offence under Section 15C of Kerala Abkari Act

against accused Nos.1 to 7, on Annexure-II final report submitted

by Sub Inspector of Police Vadanappally. The prosecution case is

that on 6.6.2004 at about 3.10 a.m, petitioners were found

consuming liquor in Room No.14 of “Vellamkanni Matha” lodge. It

is alleged that they thereby committed an offence under Section

15C of Kerala Abkari Act. Petition is filed under Section 482 of

Code of Criminal Procedure to quash the cognizance taken

contending that the offence is not attracted.

3. Learned counsel appearing for the petitioner and the

learned Public Prosecutor were heard.

4. Facts are not disputed. Petitioners were found consuming

liquor in Room No.14 of a residential lodge by name “Vellamkanni

Crl.M.C No.1670 OF 2006 2

Matha” lodge, at about 3.10 a.m. The question is whether

consumption of liquor in a room of a lodging house would attract

an offence under Section 15C of the Act.

5. Section 15C of Kerala Abkari Act reads thus:-

“15C. Consumption of liquor in public places.- No person
shall consume liquor in any public place unless consumption of
liquor in any such place is permitted under a licence granted by
the Commissioner.

Explanation I:- For the purpose of this section, “Public
place”means any street, Court, Police Station [or other public
office or any club] or any place of public amusement or resort
or on board any passenger boat or vessel or any public
passenger vehicle, or a dining or refreshment room in a
restaurant, hotel, rest-house, travellers bungalow or tourists’
bungalow where different individuals or groups of persons
consume food, but shall not include any private residential
room.

Explanation II:- For the purpose of explanation I, “public
passenger vehicle”means a vehicle used for carrying
passengers for hire or reward other than a vehicle which carries
passengers for hire or reward under a contract, express or
implied for the use of the vehicle as a whole at or for a fixed or
agreed rate or sum.”

To attract an offence under Section 15C, petitioners should have

consumed liquor in any public place unless consumption of liquor

in such public place is permitted under a licence granted by the

Commissioner. In view of explanation one, public place means

any street, Court, Police Station or other public office or any club

or any place of public amusement or resort or on board any

passenger boat or vessel or any public passenger vehicle, or a

Crl.M.C No.1670 OF 2006 3

dining or refreshment room in a restaurant, hotel, rest-house,

travellers bungalow or tourists’ bungalow where different

individuals or groups of persons consume food, would be a public

place. Hence as is clear from the first explanation such public

place shall not include any private residential room.

6. The specific case is that petitioners were found

consuming liquor in Room No.14 of a lodging house. That room is

admittedly a private residential room. The liquor was not

consumed in the dining or refreshment room in that lodge. Hence

the consumption was not from a public place. If that be so,

Section 15C is not attracted in the case at all. Consumption of

liquor in a private residential room, will not be an offence under

Section 15C in view of Explanation I of Section 15C. Therefore

continuation of the proceedings is only an abuse of process of the

court.

Petition is allowed. S.T.No.3382 of 2004 on the file of the

Judicial Fist Class Magistrat Court, Chavakkad is quashed.

M.SASIDHARAN NAMBIAR, JUDGE

mns