This Criminal Miscellaneous Case is filed to quash the proceedings in C.P.No.10/2015 pending before the Judicial First Class Magistrate Court, Mattancherry. The petitioner is the 2nd accused in the above case. The above case is charge sheeted alleging offences punishable under Sections 55 (a) and (i) of the Kerala Abkari Act .

2.The prosecution case is that, with the knowledge of the petitioner who is the 2 nd accused, the 1 st and the 3 rd accused supplied Kingfisher beer in the restaurant owned by the petitioner to two foreign national on 09.02.2014 at about 6.30p.m. The police party reached the hotel and seized two bottles of Kingfisher beer. On the basis of this allegation, Annexure-I FIR is registered.

Subsequently after investigation, Annexure-II final report is filed.

The contention of the petitioner is that, even if the entire allegations are accepted, no offence is made out against the petitioner.

3.Heard counsel for the petitioner and the Public Prosecutor.

4.It is submitted by the counsel for the petitioner that the admitted case of the prosecution is that the petitioner is the owner of the building and the other accused sold the Kingfisher beer with the knowledge of th