ABBAS ALI Vs. STATION HOUSE OFFICER

JUDGEMENT

(1.) The petitioner is the third accused in a prosecution under Section 8(2) of the Kerala Abkari Act. The crux of the allegation is that on 07/02/2002 at about 4.45 a.m, Karnataka arrack was being transported on an autorickshaw driven and belonging to the first accused and in which accused 2 and 3 were allegedly travelling. At the time of detection itself, the person who ran away from the scene was named as Abbas of Three Star Lodge. The third accused had not been arrested so far. Investigation is complete. In the course of investigation, the said Abbas is identified to be the petitioner herein. Investigation reveals that the petitioner is the person who was residing in Three Star Lodge and who was allegedly involved in the transportation of illicit liquor.

(2.) The petitioner has come to this court with this petition under Section 482 Cr.P.C with the short prayer that the final report may be quashed by invoking the powers under Section 482 Cr.P.C.

(3.) What is the reason? The short contention is that the petitioner is not the said Abbas. The learned Public Prosecutor has taken me through the case diary. The case diary indicates that the investigation by the officials reveals that the person who ran away from the scene of the crime was the person who was occupying a room in the Three Star Lodge for a fairly long period of time and that the petitioner is the said person.