JAYAPRAKASH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the 3rd accused in Crime No.472 of 2013 of Pulinkunnu Police Station. The aforesaid crime was registered on 11.7.2013 against the petitioner and two others alleging offence punishable under Sections 56(b), 55(a) and (i) of the Abkari Act, 1 of 1077 (hereinafter referred to as the 'Act 1 of 1077' for brevity ).

(2.) The prosecution allegation, as is borne out from the earliest records, is that on 11.7.2013, the Sub Inspector of Police, Pulinkunnu Police Station, while on routine patrol duty, received reliable information that Indian Made Foreign Liquor (IMFL) was being sold in the toddy shop bearing T.S.No.76 of Thonnuchira. He along with his subordinate officers inspected the toddy shop and found two persons, allegedly the Manager and salesman, selling IMFL. His inspection further revealed that they had stored, for the purpose of sale, 8 bottles of brandy and one bottle of rum. A sum of Rs.250/ - and some glasses and soda were also found inside the room. The items were seized as per Annexure -II mahazar and Annexure -I crime was registered as aforesaid on 11.7.2013 alleging offences punishable under Section 55 (a), 55 (i) and under 56 (b) of the Abkari Act. The petitioner is arrayed in his capacity as the licensee of the toddy shop.

(3.) The instant petition was filed on 2.8.2013 itself, contending that the allegations in the FIR was inherently improbable and absurd and the petitioner prays that the proceedings be quashed invoking the extraordinary inherent powers of this Court.