1. The prayer in this Crl. M.C is to quash Annexure A2 and all further proceedings initiated pursuant to that. Annexure A2 is nothing but a final report laid by the Additional Sub Inspector of Yerroor Police Station against the petitioner herein after concluding the investigation in Crime No. 699/2012, charge-sheeting him for the offences punishable under Section 55(a) and (i) of the Abkari Act (for short ‘the Act’).

2. The case of the prosecution was as follows:-

On 6.9.2012 while conducting patrol duty, the S.I. of Police and party got a reliable information that a person was transporting Indian Made Foreign Liquor in a scooter to a place called Manalil in Ayiranallore Village and when they reached the spot, a four wheeler scooter was found proceeding to the place and the same was intercepted. The vehicle was stopped by its rider. On verification of the scooter, three bottles each of capacity 500 ml. containing Indian Made Foreign Liquor was found kept therein in a plastic cover. On questioning, the officials were told by the person that the liquor was purchased by him from the outlet of Beverages Corporation at Yerroor and transported for sale in retail. The liquor along with the scooter were seized. The whereabouts of the person were collected and he was arrested. The accused along with the articles were taken to the Police Station and Crime No. 699/2012 was registered for the offences punishable under Section 55(a) and 55(i) of the Act, true copy of which is appended to this petition as Annexure A1.

3. Based on the FIR, the investigation was conducted. The same was concluded and on 1.11.2012, a final report was laid before the Judicial First Class Magistrate Court-I, Punalur, the true copy of which is appended to this petition as Annexure A2. The final report was taken on file by the Additional Court of Sessions, Kottarakkara as S.C. No. 451/2013. At that juncture, this Court was approached by the petitioner under Section 482 Cr.P.C. seeking to quash Annexure A2 and all further proceedings initiated pursuant to that.

4. Sri. A. Rajasimhan, the learned counsel has drawn my attention to Annexure A2 to contend that, the contraband liquor allegedly transported by the petitioner is IMFL and the quantity is 1.5 litres. According to him, as per Section 10 of the Act, the Government is authorised to prescribe, from time to time, the quantity of liquor or intoxicating drug, which shall be transported by a person without a permit issued under the provisions of the Act, either generally for the whole State or for any local area. According to him, S.R.O. No. 127/99 published in the Official Gazette as G.O. (P) 22/99/TD dated 05.02.2009 is such a notification issued by the Government in exercise of the power under Section 10 of the Act and it permits a person to transport or possess IMFL of quantity 3 litres without a permit or licence being possessed by him. The counsel urged that in the case on hand, the petitioner was allegedly transporting 1.5 litres of IMFL, which is less than 3 litres, being the maximum quantity which a person is authorised to transport without the authority of permit or licence, the prosecution proceedings initiated against him will not sustain. According to him, an allegation that the contraband liquor was transported by the petitioner for sale is also raised in Annexure A2 without being supported by any materials in that regard. Advancing arguments of the nature, the learned counsel canvassed for quashing Annexure A2 and all further proceedings initiated pursuant to that.

5. Section 10 of the Act being relevant in the context on hand is extracted hereunder:-

“10. Transporting of liquor or intoxicating drug.-No liquor or intoxicating drug, exceeding such quantity as the Government may, from time to time, prescribe by notification in the Gazette either generally for the whole State or for any local area, s