UNNI ALIAS JAYKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the 2nd accused in Crime No. 7/2003 of Thirupuram Excise Range. The offence alleged as against him is an offence under Section 33(2) of the Abkari Act. The allegation against him is that when an attempt was made to effect arrest and to register a case as against Al for offence under Section 8(i) and 8(ii) of the Abkari Act, obstruction was caused by the petitioner thereto and thereby he has committed an offence punishable under Section 33(2) of the Act.

(2.) Petitioner seeks for an order quashing Annexure-II final report on the ground that Section 33(2) of the Abkari Act is not a punitive section nor does it prescribe any duty on the part of a citizen not to obstruct the Excise Officer, when only Section 33(2) read with Section 63 of the Abkari Act will be an offence punishable under Section 63 of the Act.

(3.) It is worthy to note that Section 63 prescribes punishment for offence not otherwise provided for. The Section is extracted below for easy reference.