GOPAKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Second Respondent, the Circle Inspector of Excise, Adoor conducted search in Hotel Shine at Pandalam on 9.8.2010 and seized 44 bottles of 750 ml., 2 bottles of 500 ml., 865 bottles of 375 ml. of Indian made foreign liquor and a cash of Rs. 14,430/-. In addition 97 bottles having 375 ml. each of admire rum and 18 bottles of 1.5 litres of marker XXX rum were also seized. Crime 99/2010 of Adoor Excise Range was registered under Annexure C crime and occurrence report against the Petitioners for the offence Under Section 55(i) and 56(b) of Kerala Abkari Act. Later by Annexure E report the offence Under Section 55(i) was deleted. The case was registered on the allegation that in violation of the Conditions of Licence of Foreign Liquor Rules bottles of liquor were seen stored in the cash counter for sale to outside and thereby Petitioners the licensee and the manager violated the conditions of the license and committed the offence Under Section 56(b) of the Kerala Abkari Act. Petition is filed Under Section 482 of Code of Criminal Procedure to quash Annexure C Crime and Occurrence report in Crime 99/2010 contending that no offence as alleged was committed and to direct Judicial First Class Magistrate Adoor to release the liquor seized and produced under Annexure B mahazar before the Magistrate.

(2.) Learned senior counsel appearing for the Petitioners and learned Public Prosecutor were heard.

(3.) Learned senior counsel pointed out that under Annexure A, FL-3 license, first Petitioner was permitted to conduct bar, in Hotel Shine at Pandalam and conditions of the license does not prohibit storing of bottles of Indian made foreign liquor within the licensed premises and the only allegation is that bottles of Indian made foreign liquor were found stored in the cash counter, in the bar room, to be sold to the customers which could be removed outside. There is no allegation that any of the bottles of liquor was found being removed out of the licensed premises and therefore there is no violation of the Conditions of the Licence or the Abkari Act or Foreign Liquor Rules and therefore the crime registered only is an abuse of the process of law and it is to be quashed.