SAJI KHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners, who are accused Nos. 1 and 2 in Crime No. 338/2007 of Kottarakkara Police Station registered for offences punishable under Section 3(1)(iii) r/w Section 4 of the Small Coins (Offences) Act, 1971, seek to quash Annexure A FIR and all further proceedings pursuant thereto.

(2.) According to the petitioners, they are wholesale 'pappadam' vendors at Chadayamangalam in Kollam District and the Coins in question were collected by them from small vendors and the local public in connection with their business and therefore those coins account for the total daily requirements of small coins by the petitioners coming within the purview of the Explanation to Section 3 (1) of the said Act.

(3.) The case of the prosecution is that on 2-5-2007 at about 9 p.m. when a police party was on patrol duty near the KSRTC waiting shed at Kottarakkara, the two petitioners herein were found in possession of 4.6 kilograms of 25 paise coins, 12.2 kilograms of 50 paise coins and 96.5 kilograms of one rupee coins. Since the said possession was found substantially in excess of their requirements, the police party seized the coins and registered the aforesaid offences.