SARATH S. Vs. STATE OF KERALA

JUDGEMENT

(1.) Annexure Al FIR registered at Vattiyoorkavu Police Station and Annexure A6 final report filed after concluding investigation based on Annexure Al before Judicial First Class Magistrate Court II, Nedumangad and C.C.No. 1595/2016 registered on it's file on the basis of those, are sought to be quashed in the petition on hand. The petitioner herein is the sole accused in the above case. He was an Income Tax Officer.

(2.) The allegation of the prosecution was that on 14.10.2015 the officers of Central Bureau of Investigation (for short 'the CBF) had conducted a raid in the house of the petitioner, during the course of which they found 21 bottles of foreign liquor and Indian Made Foreign Liquor kept in two almirahs situated at two bedrooms of the petitioner which totally measures 19 liters of liquor. The officials also found eight cartridges/bullets of gun from the hall of the house, kept in a purse inside the showcase of the almirah. The officials of the CBI informed the matter to the police and based on that the crime aforesaid was registered by Vattiyoorkkavu Police, alleging commission of offences punishable under Section 3 r/w Section 25(1B) Arms Act, and Section 55(a) and 63 of the Abkari Act (for short 'the Act'). The copy of the FIR is appended to the petition on hand as Annexure Al. During the course of investigation, a report was filed before the court, proposing to delete Section 55(a) of the Act from Annexure Al FIR and to substitute Section 63 of the Act, therein, copy of which is appended to the petition on hand as Annexure A2. Copies of the recovery mahazar and list of properties prepared while forwarding the properties to the court were appended to the petition on hand, respectively as Annexure A3 and Annexure A5. Investigation was held and a final report was laid by the investigating officer before the Judicial First Class Magistrate Court II, Nedumangad chargesheeting the petitioner as the sole accused and alleging that he had committed the offences punishable under Section 3 r/w Section 25(1B) of the Arms Act and Section 63 of the Act, copy of which is appended to this petition as Annexure A6. The Judicial First Class Magistrate Court II, Nedumangad, received the final report and registered C.C.No. 1595/2016, on it's file, on it's basis.

(3.) The contention of Sri.V.Philip Mathews, the learned counsel for the petitioner was that the final report is devoid of relevant materials to convict the petitioner. It is urged by him that the investigating agency shall obtain sanction as contemplated under Section 39 of the Arms Act to prosecute the petitioner and without that being produced alongwith the final report, the court shall not take cognizance of that.