DINESAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the first accused in Crime No. 321/2008 of Chingavanam Police Station, which is taken cognizance as C.C.No.820/2008 on the file of Judicial First Class Magistrate's Court, Changanassery. Annexure-A final report shows that prosecution case as against nine accused is that on 17.8.2008, Accused Nos.2 to 9 were found sitting in Karibinkala Family Restaurant consuming liquor and petitioner / first accused was working as Supervisor there and they thereby committed offences under S.15C and 64A of the Abkari Act. This petition is filed under S.482 of Code of Criminal Procedure contending that even if the case as alleged in Annexure-A FIR and final report is accepted, it will not make out an offence either under S.15C or under S.64A of the Abkari Act and therefore, continuation of the proceedings as against the petitioner is only an abuse of the process of court and it would disentitle the petitioner from participating in the auction and in getting renewal of the licence issued under the Abkari Act.

(2.) Learned counsel appearing for the petitioner and learned Public Prosecutor were heard.

(3.) S.15C of Abkari Act provides that no person shall consume liquor in any public place unless consumption of liquor in any such place is permitted under a licence granted by the Commissioner. Prosecution case is not that petitioner consumed liquor from Karimbinkala Family Restaurant where there was no licence granted by the Commissioner of Excise. It is the case that Accused Nos.2 to 9, who were taking food, were found consuming liquor. At best, from the mahazar, it could be said that petitioner was also there at that time and he was pouring liquor in glasses to the other accused. But, that will not attract an offence under S.15C of Abkari Act, as against the petitioner.