SONY C. MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) C.P. No. 26/2006 on the file of the Judicial Magistrate of the First Class Court, Alathur, is instituted upon the final report filed by the Circle Inspector of Police, Vadakkancherry police station after investigation in crime No. 377/2005 of Vadakkancherry police station wherein the offence alleged against the accused (3 in number) is that they have committed offence punishable under Section 55(a) of the Kerala Abkari Act. The petitioner who is the 3rd accused in the above case filed this Crl. M.C. with the prayer to quash annexure B final report to the extent it is against her.

(2.) The allegation against the accused in the above case is that the respondent and party seized the vehicle bearing Reg. No. KL-3/L-4170 at about 9.15 a.m. on 14-7-2005 on the allegation that 700 litres of spirit which was being transported in the above vehicle by one Vinod Varghese and Pradeep at Mangalam bridge in Palakkad District and thereby committed the offence under Section 55(a) of the Abkari Act. On the basis of the said allegation, the above mentioned persons were arrested from the spot itself and they were arrayed as accused Nos. 1 and 2 in Crime No. 377/2005. The 3rd accused is the petitioner herein. According to the petitioner, she is implicated and arrayed as 3rd accused for the sole reason that she happened to be the registered owner of the vehicle from where the contraband article was seized. Hence, according to the petitioner, no offence will lie against her, especially, when there is no allegations implicating or attributing any role against her in the commission of the offence.

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