MUKESH M.K. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein seeks orders quashing the prosecution against him under Section 294(b) IPC and under Section 15(c) of the Kerala Abkari Act (the Act) in C.C. No.887/2017 of the Judicial First Class Magistrate Court - I, Vaikom. The said case was suo moto registered by the Sub Inspector of Police, Vaikom.

(2.) The prosecution case is that the petitioner was found consuming liquor at the side of the public road in front of the Taluk Head Quarters Hospital, Vaikom at about 9.50 p.m. on 7.2017, and when the Sub Inspector approached him, the petitioner scolded the Sub Inspector in filthy language. The petitioner was arrested on the spot by the Sub Inspector, and he was subjected to Alco Meter Test. The petitioner was also taken to the Taluk Head Quarters Hospital, where, he was examined by a doctor.

(3.) The petitioner seeks orders on the ground that there is absolutely no material for a prosecution against him under Section 15(c) of the Kerala Abkari Act, or under Section 294(b) IPC, and that, if the prosecution proceeds on the available materials, it would be nothing, but an abuse of legal process. This is a case where, the prosecution relies mainly on the certificate of drunkenness issued from the Taluk Head Quarters Hospital, Vaikom. Though the petitioner was subjected to Alco Meter Test, the device gave a strange result of 12,777.3 mg per 100 ml. When the court required explanation regarding this strange result, the police submitted a statement of admission that it is a wrong result, and it happened probably due to the mechanical defect of the device.