K. FAIZEL Vs. THE KERALA STATE POLICE CHIEF

JUDGEMENT

(1.) Instant writ petition is filed by Mr. K. Faizel, party-in-person, challenging the authority of Kerala State Police Chief, respondent No.1, to register a crime under the provisions of Kerala Abkari Act, 1077. He seeks for issuance of a writ of mandamus directing the 1st respondent, to restrain from registering a crime under the Abkari Act, 1077, by an FIR, as per Section 154 of Criminal Procedure Code, 1973, without complying Section 30 of the Abkari Act. He has also prayed to declare such FIRs as non est.

(2.) Facts leading to the filing of instant writ petition are that Kerala Abkari Act 1 of 1077 came into existence in the year 1077, to register a crime in respect of spurious liquor and other allied offences. By Exhibit-P1 S.R.O. No.321/1996 dated 29.03.1996, Government have authorised all the police officers, above the rank of Sub Inspector of Police, in charge of law and order, to exercise and discharge the powers under Sections 31 to 35, 38, 40 to 53 and 59 of the Abkari Act, 1077 (hereinafter referred to as, the 'Act').

(3.) Petitioner has contended that in Exhibit-P1, there is no provision to exercise the power under Section 30, for registering a crime against a person under the provisions of the Act, by invoking Section 154 of the Code of Criminal Procedure, 1973. The 1st respondent has no power to exercise Section 30, to register a crime under the Act.