IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2815 of 2010()
1. SOMAN, THOTTAKATTU (HOUSE)
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.SOJAN MICHEAL
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :27/07/2010
O R D E R
V.RAMKUMAR, J.
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Crl.M.C.No.2815 of 2010
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Dated this the 27th day of July, 2010
ORDER
The petitioner who is the sole accused in C.R.No.14 of
2004 of Udumbanchola Excise Range registered for offences
punishable under Sections 55(g) & 8(1) & (2) of the Abkari
Act, seeks to quash the proceedings against the petitioner.
2. The case of the prosecution is that on 18/3/2004 the
Assistant Excise Inspector, Udumbanchola Excise Range and
his party had seized 15,400 litres of Koda (wash) and
505 litres of arrack with utensils from House No.436/1 in
Block No.1131 of Karunapuram Panchayat and the accused
has thereby committed the above said offences.
3. The investigation of the case is not yet over. Apart
from the fact that even after six years of investigation keeping
the sword of Damocles pending over the head of the petitioner
no final report has been filed so far thereby infringing the
petitioner’s constitutional right of speedy trial which applies to
the stage of investigation also, admittedly the search and
seizure was conducted by the Assistant Excise Inspector who
Crl.M.C.No.2815/2010
: 2 :
going by the decision reported in Subash Vs. State of
Kerala 2008(2)KLT 1047 was not empowered to do so. In
fact, the Assistant Excise Inspectors have been invested with
the powers of the Excise Inspectors only with effect from
8/5/2009 in G.O.(P)No.420/2009/TD dated 8/5/2009 published
as SRO 361/2009 in the Kerala Gazette dated 8/5/2009.
Accordingly C.R.No.14 of 2004 of Udumbanchola Excise
Range and the crime and occurrence report which has been
forwarded to the Judicial Magistrate of the First Class,
Nedumkandom shall stand quashed.
This Crl.M.C. is disposed of as above.
V.RAMKUMAR, JUDGE
skj