Point of Law : As per Section 36 of the Abkari Act, while conducting the search the same is to be made in accordance to the Code of Criminal Procedure, provided that the persons called upon to attend and witness such searches shall include at least two persons neither of whom is an Abkari, Police or Village Officer.

JUDGMENT :

Mahatma Gandhi shared his jail experience in these words: “Men in prison are “civilly dead” and have no claim to any say in policy”, Mahatma Gandhi shared his jail experience in different issues of Young India. Also available in : Mahatma Gandhi, “The Collected Works of Mahatma Gandhi”, New Delhi : Publication Division, Ministry of Information and Broadcasting, Government of India (1969). Nelson Mandela, the great fighter against apartheid, described his prison life in the following words: "No one truly knows a nation until one has been inside its jail. A nation should not be judged by how it treats its highest citizens, but its lowest ones”, Nelson Mandela in his book, “Long Walk to Freedom”.

Citation : Nelson Mandela, Long Walk to Freedom, Little Brown and Company,(1994), p.23. An American journalist by name Mumia Abu Jamal said the following about his prison life: “Prison is a second-by-second assault on the soul, a day-to-day degradation of the self, an oppressive steel and brick umbrella that transforms seconds into hours and hours into days.”, Mumia Abu Jamal in his book, “Live from Death Row”.

Citation : Mumia Abu Jamal, Live from Death Row, ed. Addison Wesley

Publishing Company, (1995)..

2. Petitioners in these cases were admittedly arrested and were in confinement for more than 50 days in connection with two separate Abkari cases. It is also an admitted fact that they were subsequently found to be innocent and were exonerated by the investigating agency by filing subsequent reports before the Court concerned. The petitioners are claiming compensation from the State for the infringement of their fundamental rights under Article 21 of the Constitution of India. Since common issues are coming for consideration in these two cases, I am disposing of these two writ petitions by a common judgment.

Facts of the case W.P.(C). No.24692 of 2011

3. Petitioner was the accused in Crime No.45/2006 of Karunagapally Excise Range, Kollam District. The allegation in the above case was that on 25.02.2006 at 5.15 P.M, the petitioner was found in possession of 4 litres of arrack in a 5 litre bottle near Pavumba Thekkum Muri in Karunagapally Taluk by the Excise party headed by the Preventive Officer one Mr.Vasudeva Kurup. The petitioner was arrested on the spot, and he was in judicial custody for 76 days; and later, he was enlarged on bail. According to the petitioner, the above case is registered at the instance of the 7th respondent, who is also an officer of the Excise Department, because of some personal enmity with him. Subsequently, an enquiry was conducted by the 6th respondent, and it was found that the petitioner was falsely implicated. The 2nd respondent ordered re-investigation of the crime which resulted in Ext.P3 final report, by which it is concluded by the 3rd respondent that the petitioner is innocent. In such a situation, the above writ petition is filed with the following prayers:

i. To issue a writ of mandamus or any other writ or order directing the 1st and 2nd respondents to implement Exhibit P1 and P3 reports and to take appropriate action against the 7th respondent.

ii. To grant compensation of Rs. 5,00,000/- to the petitioner for having kept him in the prison on the basis of a false and vexatious case and by misusing the official machinery.

iii. To issue such other further reliefs as this Honourable Court may deem fit and proper in the facts and circumstances of this case.

(SIC)

W.P.(C). No.32519 of 2010

4. According to the petitioner in this case, the 7th respondent in this writ petition was the leader of a gang of illicit liquor traders. It is the definite case of the petitioner that the 7th respondent had close nexus with some of the officials in Anchal Excise Range and with some local political leaders. It is contended by the petitioner that all the activities done by the 7th respondent and his gang were with the connivance of the officials in the Excise Range Office, Anchal. The petitioner claims to be an agricu