P.T.PRAKASH BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein seeks orders under Section482Cr.P.C., 1973 quashing the prosecution as against him in C.C. No.491/2014 of the Judicial First Class Magistrate Court- III, Punalur brought under Sec. 56A(b) of the Kerala Abkari Act (the Act). He is a licensed manufacturer of Ayurvedic preparations. A preparation manufactured by him was seized by the excise officials, and subjected to analysis. On analysis, 17.65% of ethyl alcohol was detected in the sample. The petitioner's case is that it is a medicinal preparation manufactured by him according to the formula approved by the Government, and that it is a bona fide preparation as meant and defined under Sec. 56A of the Act.

(2.) The case of the prosecution is that it is a spirituous preparation containing unauthorised quantity of ethyl alcohol, manufactured in violation of the provisions of the Kerala Spirituous Preparations (Control) Rules, 1969. Such violation is not seen alleged in the final report. Any way, it is a factual aspect to be examined by the trial court as to whether the product in question is in fact a bona fide medicinal preparation, or a spirituous preparation containing excess quantity of alcohol. The petitioner relies on some documents to substantiate his contention that the product will satisfy the definition of bona fide preparation under Sec. 56A of the Act.

(3.) On a perusal of the materials, I find that the right remedy available to the petitioner is to approach the trial court for discharge. Whether it is a product manufactured by the petitioner in accordance with the formula prescribed and approved by the Government, or whether the excess percentage of alcohol detected in the sample is a product of fermentation beyond his control, and whether the preparation would come under the definition of 'bona fide preparation', etc., are matters to be looked into by the trial court. Those things cannot be considered and decided by this Court under Section482Cr.P.C., 1973