NIKESH Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) Whether consumption of liquor in a lodging 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.