1. This petition is filed under Section 482 of Code of Criminal Procedure (hereinafter called as Code) to quash Annexure A in Crime No. 906/2011 of Vellikulangara Police Station which was filed under Section 55 (a) of the Abkari Act 1077 (Kerala). First petitioner is the brother of the licensee of Hotel Luciya, Chalakkudy and second petitioner is a practicing lawyer at Chalakkudy, who happened to be a passenger in a vehicle KL-32/A-5656 on his way to his wife's house at Kodali, due to a vehicle bandh. While they were travelling in the above vehicle, the Sub Inspector of Police, Vellikulangara inspected the vehicle at Kodali junction near Chalakkudy and registered a case for the offence punishable under Section 55 (a) of the Abkari Act. Petitioners contended that prima-facie case is not made out against them as alleged in the FIR and if trial is conducted on the basis of the alleged seizure, it will be a mere abuse of the process of court.

2. The prosecution allegation is that, on 5.11.11, the Sub Inspector, Vellikulangara Police Station was conducting patrol duty within his jurisdiction. At 12.50 p.m, when he reached at Government L.P. School, Kodali, the vehicle bearing