AJI A.G. Vs. STATE OF KERALA

JUDGEMENT

(1.) In the petition on hand, the petitioners seek to quash Annexure-A Crime and Occurrence Report No. 48 of 2019 of Pathanamthitta Excise Range, pending on the files of Judicial First Class Magistrate Court-I, Pathanamthitta as against them and also to stay all further proceedings initiated on the basis of Annexure-A Crime and Occurrence Report and Annexure-C order till the report of chemical analysis of sample of toddy marked as 'B' forwarded consequent to Annexure-D order passed by Judicial First Class Magistrate Court-I, Pathanamthitta, is received by that court.

(2.) Petitioners are accused Nos. 1 and 2 in crime No. 48 of 2019, Pathanamthitta Excise Range, alleged to have committed the offence punishable under Section 57A of the Abkari Act. The first petitioner is the licensee and the second petitioner is the salesman of toddy shop TS No. 16/2018-19 of Pathanamthitta Excise Range.

(3.) The allegation of Sri. K.V. Anil Kumar, the learned counsel for the petitioners was that the 4th respondent has taken two samples of toddy from TS No. 16/2018-19 of Pathanamthitta Excise Range in a visit of the shop and forwarded the sample marked as 'A' to the Chemical Examiner's Laboratory for analysis. A report was obtained from the Chemical Examiner's Laboratory, Thiruvananthapuram stating that the sample forwarded as 'A' contained Ethyl Alcohol mixed with Cannabinoids, a Narcotic drug. Since the report being incriminating against the petitioners, a Crime and Occurrence Report was prepared as C.R. No. 48 of 2019 by the Pathanamthitta Excise Range, copy of which is appended to this petition as Annexure-A.