1. The petitioner is the sole accused in C.C. No.158 of 2011 on the file of the J.F.C.M. Court-I, Sultbtan Bathery. The charge sheet was laid against him by the police alleging commission of offence under Section 118(a) of the Kerala Police Act, 2011. The allegation against him is that he was found intoxicated in a public vehicle (Bus No. KL-12D-9218) and was in a rioting condition incapable of looking after himself and causing nuisance to the passengers in the bus. The incident, according to the prosecution, took place on 31.3.2011 at 5.50 A.M. The petitioner contends that the case is a false and foisted one. According to him he was sitting comfortably in his seat. When another passenger demanded, he was not ready to vacate the seat and he happened to laugh at him in a sarcastic manner. Thereafter the police came and arrested him.

2. The learned counsel for the petitioner submits that the certificate issued by the doctor would show that he was not under the influence of liquor. The petitioner contends that the allegations made in the F.I.R. and in the charge sheet do not disclose an offence under Section 118(a) of the Act and as such the final report filed by the police is to be quashed.

3. Section 118(a) of the Kerala Police Act, 2011 reads: "118. Penalty for causing grave violation of public order or danger.-- Any person who,- (a) is found in a public place, in an intoxicated manner or rioting condition or incapable of looking after himself .............. shall, on conviction be punishable with imprisonment for a term which may extend to three years or with fine not exceeding ten thousand rupees or with both." The word 'intoxicated' is not defined under the Act. The learned counsel would submit that in Advanced Law Lexicon by P. Ramanatha Aiyar, the meaning of the word 'intoxicated' is given as:

"A man is intoxicated whenever he is so much under the influence of spirituous or intoxicating liquors that it so operates upon him, that it so affects his acts or conduct or movement, that the public or parties coming in contact with him could readily see and know that it was affecting him in that respect. A man to that extent under the influence of liquor that parties coming in contact with him or seeing him would readily know that he was under the influence of liquor by his conduct or his words or his movements would be sufficient to show that such party was intoxicated. The word 'intoxicated' is synonymous with 'drunk', and in the Standard Dictionary 'drunk' is defined as under the influence of intoxicating liquor to such an extent as to have lost the normal control of one's bodily and mental faculties, and commonly to evince a disposition to violence and quarrelsomeness."

The learned counsel would submit that mere smell of alcohol cannot be construed to mean that the person was intoxicated or under the influence of any liquor. The expression 'under the influence of liquor' is not used in Section 118(a). The word 'intoxicated' occurring in that section itself is sufficient to hold that the person must certainly be under the influence of liquor, the learned counsel Mr. Alex M. Scaria submits. Mere smell of alcohol or any narcotic drug may not be sufficient to hold that he was intoxicated. In this connection, the corresponding provision, Section 51 of the repealed Kerala Police Act, 1960 can also be referred to here:

"51. Penalty for being drunk and for disorderly behaviour.-- Whoever in any street or public place or in any Court, police station or other public office or in any place of public amusement or resort or on board any passenger boat or vessel or in any public passenger vehicle, is found drunk and incapable of taking care of himself or behaves in a disorderly manner under the influence of drink shall, on conviction, be punished (a) for a first offence, with imprisonment for a term which may extend to one month and with fine which may extend to two hundred rupees:"

(The remaining part is omitted as unnecessary).

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