NIDHIN JOHNY Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in Crime No.61/2019 of Excise Range Office, Chalakkudy registered for the offences punishable under Sections 55(a) and (i) of the Abkari Act. The petitioner is also an accused in Crime No.426/2019 of Koratty Police Station registered for the offence under Section 353 IPC.

(2.) The prosecution allegation in Crime No.61/2019 is that on 1.7.2019 at 6.20 p.m., the petitioner was found transporting 16 bottles of Indian Made Foreign Liquor, each bottle having a capacity of 500 ml each, for the purpose of sale, in contravention of the provisions of the Abkari Act. On getting information, the Excise Officials intercepted the vehicle driven by the petitioner. When the Excise Officials attempted to inspect the vehicle, the petitioner raised the vehicle and knocked down the Excise Officials and as a consequence, two of the Excise Officials sustained injuries. Thereafter, he ran away from the place abandoning the vehicle and the contraband. It is alleged that the said Excise Officials were prevented from discharging their official duty by the petitioner. In connection with the injuries sustained by the Excise Officials, Crime Nos.426/2019 was registered and in connection with the possession and sale of the contraband, Crime No.61/2019 was registered.

(3.) The petitioner has filed these applications under Section 438 Cr.P.C.