P K CHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioners seeking to quash Ext.P4 crime and occurrence report in Crime No.37/2014 on the files of the J.F.C.M Court, Chittur, alleging offence under Sec.55(a) and Sec.67B of the Abkari Act. Material facts for the disposal of the writ petition are as follows:

(2.) First petitioner is the licensee of the toddy shops in Group No.VII of Balussery Excise Range, Kozhikode Division. Second petitioner is the licensee of toddy shops in Group No.II of Kunnamangalam Excise Range in Kozhikode Division, and the 3 rd petitioner is the licensee of the toddy shops in Group No.II in Balussery Excise Range in Kozhikode Division. They are conducting the toddy shops as per the allotment and the licenses granted in the year 2014-15 on preferential basis.

(3.) As per Exts.P1 to P3, toddy transport permits, they are transporting 1410 litres of toddy every day. According to the petitioners, they are falsely implicated as accused Nos.3 to 5 in Crime No.37/2014 of Excise Range, Chittur, evident from Ext.P4 crime and occurrence report, alleging offences under Sections 55(a) and 67B of the Abkari Act. Section 67B is not an offence, is the contention.