Jinumon vs State Of Kerala
2023 Latest Caselaw 9797 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2023 / 22ND BHADRA, 1945
                      CRL.MC NO. 4257 OF 2016
   CRIME NO.334/2016 OF Kumarakom Police Station, Kottayam
    CP 9/2016 OF JUDL. MAGI. OF FIRST CLASS-III, KOTTAYAM




PETITIONER/ACCUSED:

          JINUMON
          AGED 39 YEARS
          AGED 39 YEARS, S/O. VIJAYANANDAN, KATTATHARA
          HOUSE, THIRUVARPU P.O.,KOTTAYAM DISTRICT.
          BY ADV SRI.NIREESH MATHEW

RESPONDENT/COMPLAINANT:

          STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, ERNAKULAM.
          ADV.C.C.THOMAS (SR.)
          ADV.RENJITH T.R, PP


    THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 13.09.2023, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
 CrlM.C..No.4257/2016

                                    2



                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   Crl.M.C. No.4257 of 2016
             ----------------------------------------------
         Dated this the 13th day of September, 2023


                                ORDER

This Criminal Miscellaneous Case is filed with following

prayers:

"To pass an order quashing all further proceedings in pursuance to Annexure-D final report (Crime No.334/2016 of Kumarakom Police Station, Kottayam District now pending as C.P.No.9/2016 on the file of the Judicail First Class Magistrate Court- III, Kottayam) except for offence under Section 56(b) of the Abkari Act, by allowing the above Crl.M.C."

2. When this matter came up for consideration on

20.07.2016, this Court passed the following order:

Crl.M.C. No.4257 of 2016 Admit. Learned Public Prosecutor takes notice for the respondent.

Crl.M.A. No.6979 of 2016

1. The learned Senior Counsel referring to Annexure- B mahazar submits that the items seized CrlM.C..No.4257/2016

is coconut toddy and that too from the premises adjacent to the toddy shop of the petitioner herein. Referring to the judgment of this Court in Rajan & Others v. State of Kerala (2010 (3) KLJ 461), it is urged that the petitioner being the licensee, the offence under section 55(a)(h) and (i) of the Abkari Act, alleged in the charge, will not be made out against him. The submission is that the offence under section 56(b) of the Abkari Act will only be made out.

2.The learned counsel further submits, referring to the judgment of the Apex Court in State of Kerala v. Unni (2007 (1) KLT 151), that being a licensee adverse consequences will follow if crime is registered inter alia under section 55 of the Abkari Act.

3.I have bestowed my anxious consideration to the allegations in Annexure D final report and also the certificate issued by the Excise Inspector, Kollayam certifying that the petitioner is one among the licensees of Toddy shops of group 3 of Kottayam Excise Range for the period 2014 to 2017.

4.Having regard to the facts and circumstances, I find merit in the contentions advanced. I therefore direct that in so far as the petitioner is concerned, the registration of Annexure-D shall not be treated CrlM.C..No.4257/2016

as a disqualification for conducting toddy shops in Group No.III of Kottayam Excise Range, if he is otherwise qualified. The proceedings as against the petitioner under section 56(b) of the Abkari Act will continue unabated."

3. Now it is submitted that, probably based on the

above order, the Magistrate converted the committal

proceedings to Calendar Case No.848/2017.

If that be the case, the above case is for offence under

Section 56(b) of the Abkari Act. Therefore, the grievance of

the petitioner is redressed.

Recording the above submission, this Criminal

Miscellaneous Case is closed.

Sd/-

P.V.KUNHIKRISHNAN JV JUDGE CrlM.C..No.4257/2016

APPENDIX OF CRL.MC 4257/2016

PETITIONER ANNEXURES ANNEXURE A PHOTOCOPY OF THE TODDY SHOP LICENSE, IN RESPECT OF T.S.NO. 18 IN GROUP NO.III OF KOTTAYAM EXCISE RANGE. ANNEXURE B PHOTOCOPY OF THE MAHAZAR DATED 23.3.2016 PREPARED BY THE SUB INSPECTOR OF POLICE, KUMARAKOM. ANNEXURE C CERTIFIED COPY OF THE FIR IN CRIME NO.

334/2016 REGISTERED BY THE S.I. OF POLICE, KUMARAKOM.

ANNEXURE D CERTIFIED COPY OF THE FINAL REPORT SUBMITTED BEFORE THE JUDL. FIRST CLASS MAGISTRATE COURT-III, KOTTAYAM. ANNEXURE E PHOTOCOPY OF THE DECISION REPORTED IN 2010(3) KLJ 461 RAJAN & OTHERS VS. STATE OF KERALA.