ORDER

Dated this the 25th day of March, 2022 This Crl.M.C is filed seeking to quash the final report by which the petitioner stands chargsheeted for offences punishable under Sections 55 (a) and 55(i) of the Kerala Abkari Act , 1077 (for short ‘the Act’).

2. The learned counsel for the petitioner has relied on Mohanan v. State of Kerala [ 2007 (1) KLT 845 ] and a judgment in Crl.M.C No.6165/2013 to convince this Court on his argument that the chargesheet laid against the petitioner will not sustain legally and factually. The Division Bench has observed inMohanan’s case supra that for an offence under Section 55 (a) of the Act to be attracted, the prosecution must allege in the chargesheet prepared against the petitioner that, he was engaged in illegal import, export or transport, transit etc. of any liquor if those were in the course of such import or export. In the case on hand there is no allegation for the prosecution that the contraband was transported for the purpose of illegal import or export. Therefore, as rightly pointed out by the learned counsel, the final report to the extent it chargesheets the petitioner for an offence under (a) of the Act will not sustain. Evenif t