Chandrakanth N. Sangani vs State Of Kerala`
2021 Latest Caselaw 747 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

     FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942

                      Crl.MC.No.1700 OF 2014

     AGAINST THE ORDER/JUDGMENT IN CP 18/2013 OF JUDL.M.F.C.-
                           I,ERNAKULAM

   CRIME NO.4/2010 OF Ernakulam Excise Range Office , Ernakulam


PETITIONERS/ACCUSED NO.2 AND 3:

      1      CHANDRAKANTH N. SANGANI
             S/O. NATWARLAL SANGANI, VI/2173 NEW ROAD, COCHIN.

      2      V.R.DESAI
             PLOT NO. 19, D.D. VILLAGE, MAY FIRST ROAD, THAMMANAM,
             KANAYANNUR TALUK.

             BY ADVS.
             SRI.P.VIJAYA BHANU (SR.)
             SRI.GEO PAUL
             SRI.M.REVIKRISHNAN
             SRI.VIPIN NARAYAN

RESPONDENT/COMPLAINANT:

             STATE OF KERALA`
             REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM.

             R1 BY PUBLIC PROSECUTOR


             SRI.SANTHOSH PETER, SR.PP

     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD           ON
08.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.1700 OF 2014

                                       2




                                     ORDER

Dated this the 8th day of January 2021

This petition under Section 482 Cr.P.C. is

filed to quash the entire proceedings based on

Annexure A final report which is pending as

C.P.No.18/2013 on the file of the Judicial First

Class Magistrate Court-I as against the

petitioners who are accused numbers 2 and 3 in

that case.

2. The main contention raised in this

Crl.M.C is that the detection in this case is

made by the Assistant Excise Inspector. When

this Crl.M.C came up for consideration, the

learned counsel for the petitioners conceded

that the Assistant Excise Inspector is

authorised to conduct search and seizure as per

Abkari Act as per G.O(P) No.420/2009/TD dated

08.05.2009 and the seizure in this case was on

02.02.2010.

Crl.MC.No.1700 OF 2014

3. Thereafter, the learned counsel submitted

that the offence under Section 55(a) and (i) is

not prima facie made out in this case. The

petitioners are free to raise this ground before

the trial court at the appropriate stage. This

Court can not decide the same while considering

an application under Section 482 Cr.P.C. Liberty

is granted to the petitioners to raise their

contentions by filing a discharge petition.

With the above observation, the Crl.M.C is

dismissed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE DM Crl.MC.No.1700 OF 2014

APPENDIX PETITIONERS' EXHIBITS:

ANNEXURE A TRUE COPY OF THE FINAL REPORT IN O.R.

NO. 4/2010 OF EXCISE RANGE OFFICE, ERNAKULAM.

RESPONDENTS' EXHIBITS:NIL

//TRUE COPY//

PA TO JUDGE