SATHYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are the accused in Crime No.65 of 2012 of the Mavelikkara Excise Range, registered for the offences punishable under Ss. 55(a), 55D and 67(B) of the Kerala Abkari Act. The crime is registered on the allegation that, at about 11.15 a.m on 1/7/2012, while the Excise Circle Inspector and party were conducting the routine checking of vehicles near the Government UP Girls School on the Thattarambalam-Kayamkulam Road, the accused tried to avoid the checking by speeding away in their car. Being suspicious of the accused' action, the car was intercepted and stopped. On checking the car, two cans were found concealed between the front and rear seats. On inspection, the contents of the can was identified as spirit. Thereupon, the contraband and vehicle were seized and the accused arrested. On questioning, accused Nos.1 and 2 stated that the liquor was being transported for handing over to one Vishwananthan and hence that person was arrayed as the third accused. After completing investigation, the final report was filed and the case was numbered as SC No.167 of 2014 on the files of the Additional Sessions Court-III, Mavelikkara. This Crl.M.C is filed seeking to quash Annexure Al final report and all further proceedings in the sessions case.

(2.) Heard, Senior Advocate S.Ramesh Babu for the petitioners and Senior Public Prosecutor Renjith George for the State.

(3.) Learned Senior Counsel assailed the criminal proceedings mainly on two grounds;