The petitioner herein seeks orders quashing the prosecution against him under S.294(b) I.P.C. and under S.15C of the Kerala Abkari Act (the Act) in C.C.No.887/2017 of the Judicial First Class Magistrate Court – I, Vaikom. The said case was suo moto registered by the Sub Inspector of Police, Vaikom.

2. The prosecution case is that the petitioner was found consuming liquor at the side of the public road in front of the Taluk Head Quarters Hospital, Vaikom at about 9.50 p.m. on 2.7.2017, and when the Sub Inspector approached him, the petitioner scolded the Sub Inspector in filthy language. The petitioner was arrested on the spot by the Sub Inspector, and he was subjected to Alco Meter Test. The petitioner was also taken to the Taluk Head Quarters Hospital, where, he was examined by a doctor.

3. The petitioner seeks orders on the ground that there is absolutely no material for a prosecution against him under S.15C of the Kerala Abkari Act, or under S.294(b) I.P.C., and that, if the prosecution proceeds on the available materials, it would be nothing, but an abuse of legal process. This is a case where, the prosecution relies mainly on the certificate of drunkenness issued from the