BINU Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are the accused in Crime No.498 of 2020 of the Punalur Police Station, registered for offences under Section 188 read with 34 of IPC and Sections 55(a) and (i) of the Abkari Act, now pending as C.P.No.94 of 2020 on the files of the Judicial First Class Magistrate Courtr-III, Punalur. The prosecution allegation is that petitioners 1 and 2, being the employees and the 3 rd petitioner, the Manager of a Bar attached Hotel named 'Kumar Palace', had indulged in sale of Indian Made Foreign Liquor on 25.3.2020, violating the lock down restrictions imposed by the Government.

(2.) Sri.C.C.Thomas, the learned Senior Counsel appearing for the petitioners, challenges the registration of proceedings for the offences under Sections 55(a) and (i) of the Abkari Act (for short, 'the Act'). It is contended that, even accepting the prosecution allegation in its entirety, only the offence under Section 56(b) of the Abkari Act is made out. In support of the contention, reliance is placed on the decisions in Ambika v. State of Kerala [2011(3) KLT 35] and Mohanan v. State of Kerala [2007 (1) KLT 845].

(3.) According to Sri.Suman Chakravarthy, learned Senior Public Prosecutor, conduct of business in violation of the Government orders issued in the wake of the rampant spread of the Covid-19 pandemic should be dealt with seriously. It is submitted that the petitioners are liable to be prosecuted for the offences under the Kerala Epidemic Diseases Ordinance, 2020 and the Disaster Management Act, 2005 also.