MANAGING DIRECTOR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in a prosecution under Section 56 (a) of the Kerala Abkari Act, pending before the J.F.C.M., Payyannur.

(2.) The crux of the allegation against the petitioner, Managing Director of a Government Company, is that 20,000 litres of alcohol was being transported from Hyderabad to Thiruvalla to the petitioner in a vehicle. The vehicle was escorted by an Excise official also. When the offence was detected, the person accompanying the vehicle was found not to have in his possession the relevant documents. He took up the stand that the relevant documents were lost. He had lodged a complaint also. Not accepting that explanation, the final report was filed by the Investigating Officer.

(3.) But subsequently proceedings were initiated against the petitioner and by Annex.F order, which was later confirmed by orders dt. 3.11.06 and 18.11.2006, the said explanation has been accepted by the superior officials of the Excise Department. The petitioner, in these circumstances, prays that proceedings initiated against him before the criminal court may now be quashed invoking the powers under Section 482 Cr.P.C.