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2010 Supreme(Ker) 642

M.SASIDHARAN NAMBIAR
J. Gopakumar – Appellant
Versus
State Of Kerala, Rep. By Excise – Respondent


Advocates appeared:For the Petitioners:M.G. Karthikeyan, Advocate. For the Respondents: No Appearance.

Judgment :

1. Second respondent, the Circle Inspector of Excise, Adoor conducted search in Hotel Shine at Pandalam on 9.8.2010 and seized 44 bottles of 750ml., 2 bottles of 500 ml., 865 bottles of 375 ml. of Indian made foreign liquor and a cash of Rs.14,430/-. In addition 97 bottles having 375 ml. each of admire rum and 18 bottles of 1.5 lites of marker XXX rum were also seized. Crime 99/2010 of Adoor Excise Range was registered under Annexure C crime and occurrence report against the petitioners for the offence under section 55(i) and 56(b) of Kerala Abkari Act. Later by Annexure E report the offence under section 55(i) was deleted. The case was registered on the allegation that in violation of the Conditions of Licence of Foreign Liquor Rules bottles of liquor were seen stored in the cash counter for sale to outside and thereby petitioners the licensee and the manager violated the conditions of the license and committed the offence under section 56(b) of the Kerala Abkari Act. Petition is filed under section 482 of Code of Criminal Procedure to quash Annexure C Crime and Occurrence report in Crime 99/2010 contending that no offence as alleged was committed and to direct Judicial










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