AJITH KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is the second accused in C.P.No. 73/2009 on the file of Judicial FirstClass Magistrate's Court-II, Attingal, taken cognizance for the offences under Section 279 of Indian Penal Code and Section 55(a) read with Section 10 of Abkari Act onAnnexure-A final report.This petition is filed under Section 482 of Code of Criminal Procedure to quash the cognizance taken contending that the only allegation against him is that he is the registered owner of the vehicle and there is no other material to connect petitioner with the offences alleged and even if it is taken that transportation of toddy was with the knowledge of the petitioner, it would only attract an offence under Section 63 of Abkari Act, for violation of Section 10 of the Act and in such circumstances, the case is to be quashed.

(2.) LEARNED senior counsel appearing for the petitioner and learned Public prosecutor were heard.