K N KARTHIKEYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This M.C. is filed by accused Nos. 1 and 2 in C.C. No. 382/98 on the file of the Judicial First Class Magistrate's Court-II, Chengannur to quash the prosecution against them.

(2.) The offences alleged against the petitioners are punishable under S. 55(i), 56(b) and 54 r/w 63 of the Kerala Abkari Act. The allegation is that in disobedience of the order No. N2-4175/96, dated 22-4-96 issued by the District Collector banning the sale of intoxicating liquors on 7-5-96, 8-5-96 and 9-5-96 in connection with the election and counting of votes in the election to the Parliament and Assembly held on 8-5-96, they sold liquors in the Indraprastham Bar, of which the 1st accused is the licensee and the 2nd accused is the Bar Man, at about 8 p.m. on 7-5-96. The case was registered as Crime No. 85/97 by the Mavelikkara Police and the C.I. of Police, Mavelikkara after investigation has laid the charge-sheet against the peitioners alleging the above offences.

(3.) The counsel for the petitioners submitted that the offences punishable under Ss. 55(i) and 56(b) of the Abkari Act are not at all attracted in this case and if at all the offence punishable under S. 54 r/w 63 of the Abkari Act is attracted which is compoundable under the provisions of the Act.