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1999 Supreme(Ker) 200

K.V.SANKARANARAYANAN
Manikandan – Appellant
Versus
State of Kerala – Respondent


Judgment :-

K.V. Sankaranarayanan, J.

The three petitioners are accused persons in CC. No. 27/98 on the file of the Judicial Magistrate of the First Class, Wadakkancherry. The case is charge sheeted by the Sub Inspector of Police, Wadakkancherry for an offence under S.15C of the Abkari Act on the basis that they were found to be consuming liquor from a public place. The prayer in this petition is to quash the charge sheet.

2. I heard learned counsel for the petitioner and the Public Prosecutor and also perused the records produced.

3. The charge sheet in this case is produced as Annexure B. The first information statement and the charge sheet show that on 22-12-1998 the Assistant Sub Inspector of Police, Wadakkancherry found a maruthi car parked on the road near the Vyasa College Bus stop. Accused 2 and 3 were inside the car. The first accused was outside. They were consuming liquor. The case is registered on the basis of his report. Now, it is contended for the petitioners that the alleged offence was not committed in a public place and hence the provisions in S.15C of the Act are not attracted. The argument has to be accepted as regards petitioners 2 and 3 who were found inside the

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