RAJESH P. F. Vs. STATE OF KERALA

JUDGEMENT

(1.) First petitioner is the Managing Partner of M/s. Pookodans Pleasant Residency, Kodakara and petitioners 2 and 3 are the employees. On 22/09/2007 Excise Inspector, Irinjalakuda range conducted a raid in the bar hotel and seized foreign liquor kept at the hotel alleging violation of the license conditions after preparing Annexure - C mahazar. Annexure - H final report was filed alleging that petitioners committed offence under S.56(b) of Abkari Act. Learned Magistrate took cognizance of the offences. This petition is filed under S.482 of Code of Criminal Procedure to quash the cognizance taken as CC 2067/2007 by the Judicial First Class Magistrate, Irinjalakuda for the offence under S.56(b) of Abkari Act contending that there is no violation of license conditions. Annexure - A is the copy of FL - 3 license issued to first petitioner showing terms and conditions of the license as well as boundaries of the licensed premises. Allegation against petitioners in Annexure - H final report is that by selling foreign liquor from a temporary counter put up at the hotel, petitioners violated the conditions and thereby committed offence under S.56(b) of Abkari Act. Case of the petitioners is that there is absolutely no violation of any of the conditions of the license. It is contended that conditions of the license does not prohibit operating of more than one counter and this aspect was upheld by this Court in Annexure - I judgment in WP (C) 24971/2008 and therefore no offence is committed.

(2.) Learned Senior counsel appearing for petitioners and learned Public Prosecutor were heard.

(3.) Learned Senior counsel pointed out that Annexure - A license was issued in form FL - 3 prescribed under the Foreign Liquor Rules and though under condition No. 1, sale of foreign liquor could only be to the residents in the Hotel or Boarding house, for the use of those residents and that of their guests or to casual visitors partaking of meals. Under proviso to R.2 on payment of Rs.25,000/- per year (which was only Rs.10,000/- earlier prior to 04/03/2009) as prescribed, the licensee can serve liquor at the restaurants to the persons other than residents also and under R.2 liquor could be sold and served not only in the bar room, but even by the side of swimming pools, lawns and the roof gardens of the hotel provided additional payment as provided is made. It is submitted that as seen from Annexure - A license, petitioner paid Rs.10,000/- and as there is no prohibition for putting up more than one counter no offence is committed.