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2011 Supreme(Ker) 1014

THOMAS P.JOSEPH
Baiju S/o. Inasu – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sri. Manu Tom, S. Sreekumar (Adukkanath)
For the Respondent: K.J. Mohammed Anzar

ORDER :

Thomas P. Joseph, J.

The Assistant Sub Inspector of Police who claims to have the grade of a Sub Inspector claimed to have detected the offence involved in these cases, under Section 15(c) of the Abkari Act (for short, "the Act"). The allegation is that on 03.10.2010 between 1.15p.m and 1.30p.m he, while on patrol duty found petitioners engaged in consuming liquor at a public place. The Assistant Sub Inspector registered Crime Nos. 830 and 831 of 2010, respectively investigated and submitted final report in the cases before learned Judicial First Class Magistrate, Kodungallur as aforesaid alleging commission of offences under Section 15(c) of the Act. Learned Magistrate took cognizance of the said offence against petitioners and filed S.T. No. 6540 and 6541 of 2010. Petitioners challenged Annexures-A and B, FIR and final report and further proceedings in Crime Nos.830 and 831 of 2010 of Valappad Police Station on various grounds including that the Assistant Sub Inspector though claiming to have the grade of Sub Inspector was not authorised to detect the offences, register and investigate the case and submit final report and hence learned Magistrate could not have taken cogniz







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