MURALI Vs. STATE

JUDGEMENT

(1.) THE petitioner/3rd accused has filed the above Criminal Original Petition to call for the records in C.C.No.40 of 2008 on the file of the learned Judicial Magistrate, Uttukottai, and quash the same.

(2.) THE brief facts of the case are as follows:- THE respondent police had registered a case in Crime No.184 of 2007, dated 04.08.2007 against the accused persons for the alleged offence under Sections 420, 272, 467, 472 of I.P.C. r/w 24, 24(A) (1) and 4(1-A) of Tamil Nadu Prohibition Act. On 04.08.2007, at about 22.00 hours, at TASMAC Wine Shop No.9066 in Periyapalayam Bazaar within the limits of PEW, Periyapalayam, the Periyapalayam Police Station Inspector inspected the TASMAC Wine Shop and found that the accused dishonestly selling and delivery the liquor bottles by altering the Government seals and keeping such goods for sale to the local public from the said shop. Further the accused person adulterated the Government liquor with seal by mixing with water and made as noxious liquor and intended to sell the same to the local public by storing at the TASMAC Shop No.9066. Further, this common intention was to commit forgery, as such the shop violated the terms and conditions of liquor sale. THE respondent police found in possession of 41 bottles of Captain Rum, 44 bottles of Brandy, 17 bottles of Old Secret and all of these were mixed with water and being sold to the public.

(3.) AFTER considering the prosecution case and the submissions made by the learned counsel on either side, this Court is of the considered opinion that the veracity of the prosecution case could be determined after conducting the trial. Therefore, this Court is not able to discern the valid grounds in the order to quash the Criminal proceedings however, the case having been registered in the year 2007, the Court directs the learned Judicial Magistrate, Uttukottai, to conduct an expeditious trial to dispose the case within a period of three months from the date of receipt of a copy of this order.