KASHINATHAN Vs. CRICLE INSPECTOR

JUDGEMENT

(1.) The petitioner, a Police Constable was prosecuted for the offence under S.55(a) of the Abkari Act read with Rule 9 of the Foreign Liquor Rules on the allegation that he was found in possession of 720 bottles of 180 ml of Indian made Foreign Liquor in a shed immediately adjacent to his place of residence owned by him. The Additional District and Sessions Court Fast Track (Ad hoc II) Kozhikode by Annexure III judgment found the petitioner guilty of the offence under S.55(a) of the Abkari Act and convicted and sentenced him to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.1 lakh. It is submitted by the learned counsel for the petitioner that in appeal before this Court the conviction was altered into one under S.53 of the Abkari Act. Copy of the said judgment has not been placed on record but I have proceeded on the premise that the submission is correct.

(2.) At the same time the police registered a case against the petitioner for the offences under S.420, 468, 476, 484 and 18 read with S.34 of the IPC, on the allegation that the petitioner was found in possession of 162 numbers of fake sticker labels as if they were supplied by the Kerala State Beverage Corporation. These stickers were also seized along with the bottles containing Indian made Foreign liquor. The police conducted an investigation and AnnexureII final report was filed before the Court. The learned Magistrate took cognizance of the same and the petitioner is sought to be prosecuted for the offences under S.464, 476, 484,168 and 420 read with S.34 of the IPC. It is in these circumstances, the petitioner has approached this Court seeking to quash the proceedings in CC No. 338 of 2002.

(3.) I heard learned counsel for the petitioner Mr. T. G. Rajendran and the learned Public Prosecutor Mr. Puzhakkara Muhammed.