RAMACHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) First accused in Crime No. 21/2002 of Ernakulam Excise Range and accused in S.C. No. 262/2010 on the file of the Additional Sessions Judge, No. VII, Ernakulam has filed this application to quash the proceedings as against him under section 482 of the Code of Criminal Procedure (hereinafter called the Code).

(2.) It is alleged in the petition that the petitioner was working as Accountant in Century Club, Vennala, Cochin. He was charge sheeted by Excise Inspector, Ernakulam Excise Range in CR. No. 21/2002, on the allegations that he along with other accused were engaged in sale of liquor from the club against the provisions of the Abkari Act and thereby all of them have committed the offence punishable under section 55(a) of Abkari Act. After investigation, final report was filed and it was originally taken on file as CP. 64/2003 before the Judicial First Class Magistrate Court-I, Aluva, and thereafter it was committed to the Sessions Court wherein it was taken on file as S.C. No. 207/2005 and made over Additional Sessions Court (Adhoc-I). Ernakulam. Since the present petitioner and second accused did not appear before the Additional Sessions Court, the case against the third accused was proceeded with and as per Annexure-C judgment, it was ended in acquittal. The case against the petitioner and second accused was split up and refiled as S.C. 262/2010 and it is pending before that court. The learned Additional Sessions Judge has to come to the conclusion that the seizure itself is illegal as it was done against the interim directions given by this court as per Annexure-D order and the third accused is none other than the secretary of the club and he was acquitted by the court below on that ground and no appeal has been preferred against them. The substratum of the case has been shattered and no purpose will be served by proceeding with the case as against the petitioner. So, he has no other option except to approach this court seeking the following reliefs:-

(3.) Heard the counsel for the petitioner and the learned Public Prosecutor.