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2010 Supreme(Ker) 264

M.SASIDHARAN NAMBIAR
Girish Kumar – Appellant
Versus
State Of Kerala – Respondent


Advocates Appeared:
For the Petitioners:C.C. Thomas (SR. Advocate), M.G. Karthikeyan, Nireesh Mathew, Advocates. For the Respondents:S.U. Nazar, Public Prosecutor, Advocate.

Judgment :

1. On 21/4/2007, Excise Inspector at Mallappally Excise Range took samples of toddy from Shop No. 9 of Group No.4 of Mallappally Excise Range. Even before getting the report of chemical analysis, Crime No.11/2007 was registered. Petitioners, the accused, approached this court to quash the registration of the case by filing Crl. M.C.1694/2007 contending that registration of the case is pre-mature, as though the sample was sent for examination, report was not received. By Annexure-C order, this court recording the submission of the learned Public Prosecutor that no action will be taken against the petitioners before receipt of the report of Chemical Examination from the Forensic Science laboratory and no adverse consequence whatsoever will take place or be initiated against them till a report is received, allowed Crl.M.C in part, making it clear that notwithstanding the registration of crime No.11/2007, no further proceedings shall be taken against the petitioners and petitioners shall not be visited with any adverse consequence on the basis of registration of crime. Annexure-D report was received subsequently from the Chemical Examiner's Laboratory, Thiruvananthapuram whic










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