BALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) A common question arises in these Criminal miscellaneous Cases and so they are being disposed of by a common order.

(2.) REPORTS are filed by the Excise Inspectors in the court of Judicial First Class Magistrate/ Chief Judicial Magistrate alleging offence under various Sections of the Abkari Act including S. 57a of the Abkari act (hereinafter referred to as "the Act" ). The Excise Inspector and party conducted search of liquor shops belonging to the accused and took samples of liquor which was sent to the chemical examiner who reported that the same contained noxious and other prohibited articles which are injurious to health and hence it is alleged that they committed offence punishable under s. 57a of the Act as well.

(3.) RELYING on S. 30, 31, 32, 34 and 50 of the Act, counsel for the petitioners argued that the powers conferred on the Abkari Officers under those Sections do not take in to deal with the case which comes under s. 57a of the Act S. 50 of the Act empowers the Abkari. Inspector to file a report before the Court having jurisdiction to try the case including the name of offenders and the articles seized. In such cases, the Magistrate is empowered to inquire into such offence and try the persons accused thereof in like manner as if complaint had been made before him as prescribed in the Code of criminal Procedure. It was argued by counsel for the petitioners that it is only S. 50 of the Act which empowers the Abkari Inspector to file a report and that too before the court which the Magistrate is empowered to try and as offence punishable under S. 57a of the Act is triable exclusively by the Court of Sessions, the Abkari Inspector is not competent to file the report in a case punishable under S. 57 A of the Act. It was also pointed out that appropriate amendments have been made by the Abkari (Amendment) Ordinance, 1997 which came into force on 3. 6. 1997 only incorporating suitable provisions in the Act which empowers the Inspector to deal with cases punishable under S. 57a of the Act and to file report before the Court under S. 50 of the Act.