HASSANAR MOHAMMED KUNHIQ Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner, who is the sole accused in CR No. 14/99 of Kumbla Excise Range and now pending as L.P.C. No. 84/2004 on the file of the Judicial First Class Magistrate, Kasaragod, seek to quash Annexure A2 final report and all further proceedings pending before the Magistrate.

(2.) The case of the prosecution is that at about 1.00 p.m. on 27-06-99 two unidentified persons were seen by the Excise Inspector, Kumbla riding a Yamaha motorcycle bearing Registration No. KL 14 A 4790 and on seeing the Excise party they stopped the motorcycle and made good their escape. But, on searching the motorcycle, the Excise Inspector found 24 bottles each containing 180 ml of Indian made foreign liquor and 27 bottles each containing 375 ml of Indian made foreign liquor and the accused have thereby committed offences punishable under Sections 55(a) and 64A of the Abkari Act.

(3.) Admittedly, the prosecution has no case that the petitioner was one among the two unidentified persons who were seen riding the motorcycle in question. The petitioner is sought to be implicated on the ground that subsequent investigation revealed that he is the transferee of the motorcycle from the registered owner one Mr. Hannifa Puthur who is stated to be abroad. Section 64A of the Abkari Act read as follows: