ANULAL Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is second accused in Crime No.13 of 2010 of Kadakkal Police Station and C.C.No.248 of 2010 of the Court of learned Judicial First Class Magistrate-II, Kottarakara for offence punishable under Sec.15(c) of the Abkari Act (for short, "the Act"). Prosecution case is that on 01.01.2010 at about 3.30p.m the Sub Inspector, Kadakkal and party while on patrol duty found petitioner and another engaged in consuming liquor on the veranda in front of a shop at Kadakkal junction. Annexure-B is the final report in the case. Learned counsel for petitioner has contended that the prosecution against petitioner cannot stand as the remnant of the liquid was not sent for chemical examination, there is no drunkenness certificate obtained from a Medical Officer and that no mahazar for scene of occurrence showing that place as a public place as coming under sec.15(c) of the Act is drawn up.

(2.) LEARNED Public Prosecutor has submitted that as per the instruction given, the sub Inspector had seen petitioner and another engaged in transferring the liquid from a bottle of 375 ml capacity which bore the label "Mc Dowel No.I Celebration" in a disposable glass and consuming it on the veranda in front of a shop at Kadakkal Junction. It is also submitted that the bottle, remnant (100ml) and two disposable plastic glasses were seized by the police and produced before Court. According to the learned Public Prosecutor the Sub Inspector has identified the liquid as liquor by tasting and smelling.