JOSE FRANCIS Vs. STATE OF KERALA

JUDGEMENT

(1.) The petition on hand is filed under Sec. 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking to quash the proceedings initiated by Judicial First Class Magistrate Court, Mannarkkad as CP No.124/2011 which originates from Crime No.77/2005 of Sholayur Police Station, Palakkad as against the petitioner herein, who is accused No.2.

(2.) The case of the prosecution was that on 9/10/2005 at about 13.30 hours two persons were found in possession of 10 litres of arrack in a tyre tube for the purpose of sale in the public road at Kozhikoodam, thereby alleged to have committed an offence punishable under Sec. 55 (a) of the Abkari Act (for short 'the Act'). Following the seizure of the arrack, Crime No.77/2005 was registered at Sholayur Police Station, Palakkad District. The investigation in the case was conducted and a Final Report was filed before Judicial First Class Magistrate Court, Mannarkkad, certified copy of which is produced as Annexure A in the petition on hand.

(3.) 1st accused alone appeared before the court below responding to the summons issued therefrom. Charge was framed for the offence, he pleaded not guilty and faced trial.