Kerala High Court
K.V. Sylendrnath vs State Of Kerala on 20 February, 2024
Author: P.Somarajan
Bench: P.Somarajan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
TUESDAY, THE 20TH DAY OF FEBRUARY 2024 / 1ST PHALGUNA, 1945
CRL.REV.PET NO. 173 OF 2024
CRIME NO.118/2017 OF CHERPPU EXCISE RANGE OFFICE, THRISSUR
AGAINST THE ORDER/JUDGMENT IN CRL.MP.NO.264/2022 IN SC 150/2020 OF
ASSISTANT SESSIONS COURT-II,THRISSUR
REVISION PETITIONER/PETITIONER/ACCUSED:
K.V. SYLENDRNATH
AGED 48 YEARS
S/O LATE K.S.VASU, KONANCHERY HOUSE,
KIZHAKKEMURI P.O, THRISSUR, PIN - 680571
BY ADV R.SUDHA
RESPONDENT/RESPONDENTS/STATE & DEFACTO COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADV. SRI SANAL P RAJ, PUBLIC PROSECUTOR
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 20.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRL.REV.PET NO. 173 OF 2024
2
ORDER
The accused is an Advocate by profession.
The police has charge-sheeted the accused, as he
was found in possession of 4.7 litres of Indian
made foreign liquor in his residential compound,
alleging commission of offences punishable under
Section 55(i) and 13 r/w Section 63 of the
Abkari Act 1 of 1077 (hereinafter referred to as
"the Act"). Thereon, he filed a discharge
application. It was not allowed by the trial
court against which this revision.
2. Prima facie, it appears that there is no
statement recorded from any witness in order to
show that the accused was or engaged in the sale
of Indian made foreign liquor. The statement
recorded under Section 161 Cr.P.C given by one
of the neighbours, Sri.Manoj, does not specify
any sale conducted or personal knowledge
CRL.REV.PET NO. 173 OF 2024
pertaining to any sale conducted by the accused.
He is not a witness to the alleged sale of Indian
made foreign liquor. There is nothing in the
final report in order to show or fasten criminal
liability for the offence punishable under
Section 55(i) of the Act. Even if it is put in
trial, it will not lead to conviction punishable
under Section 55(i) of the Act. Hence, it would
be a futile exercise. The discharge petition
will stand allowed to that extent. But as far as
the offence punishable under Section 13 r/w
Section 63 of the Act is concerned, he was found
in possession of a little more than he
permissible limit of Indian made Foreign liquor.
Necessarily, the prosecution can be proceeded
for the violation of the provisions contained in
the Act by fastening criminal liability under
Section 63 of the Act, for which, charge can be
framed. The discharge petition will stand
CRL.REV.PET NO. 173 OF 2024
allowed in part accordingly, and the order of
the trial court will stand set aside to that
extent. The parties shall appear before the
trial court on 13.03.2024 to proceed further in
the matter.
The Crl.R.P. will stand allowed in part
accordingly.
Sd/-
P.SOMARAJAN
JUDGE
SPV
CRL.REV.PET NO. 173 OF 2024
APPENDIX OF CRL.REV.PET 173/2024
PETITIONER'S ANNEXURES
ANNEXURE A1 THE COPY OF THE FINAL REPORT FILED BY
THE 2ND RESPONDENT BEFORE THE JUDICIAL
1ST CLASS MAGISTRATE COURT II DATED
08/05/2018
ANNEXURE A2 THE COPY OF THE ENQUIRY REPORT FILED
BY THE VIGILANCE OFFICER OF EXCISE
DEPARTMENT, THIRUVANANTHAPURAM TO THE
EXCISE COMMISSIONER THIRUVANANTHAPURAM
DATED 30/06/2018
ANNEXURE A3 TRUE COPY OF DISCHARGE PETITION (MP
264/2022) FILED BY THE PETITIONER
BEFORE THE 2ND ADDITIONAL SUB COURT
DATED 02/06/2022
ANNEXURE A4 THE COPY OF THE JUDGMENT PASSED BY
THIS HONOURABLE COURT IN CRL MC NO.
5729/2023 DATED 24/07/2023
ANNEXURE A5 CERTIFIED COPY OF THE ORDER PASSED BY
THE 2ND ADDITIONAL ASSISTANT SESSIONS
COURT /2ND ADDITIONAL SUB COURT,
TRISSUR IN CRL MP 264/22 DATED
19/8/2023
ANNEXURE A6 THE COPY OF THE JUDGMENT PASSED BY
THIS HONOURABLE COURT IN CRL MC
8732/2023 DATED 26/10/2023
RESPONDENTS' ANNEXURES: NIL
//TRUE COPY//
PA TO JUDGE
