O R D E R

The petitioner is the sole accused in C.C No.

4848/2014 of the Judicial First Class Magistrate Court, Chalakkudy. He is proceeded against for having committed offence punishable under Sections 117 (e) and 118(a) of Kerala Police Act .

2. The prosecution allegation is that on 27.07.2014 at about 6.15 p.m, the petitioner was found in a public place in an intoxicated manner and rioting condition , in the course of which, he had obstructed and assaulted the de-facto complainant with intent to prevent him from discharging his official duty. The instant proceeding is initiated to quash the proceedings.

3. The learned counsel appearing for the petitioner relying on the judgment of this Court inShybu Mathew v. State of Kerala, (2012(1) KLT 653) contended that mere smell of alcohol is not sufficient to hold that a person was in an intoxicated stage. It is further urged that the offence under Sections 117 (e) and 118(a) by no stretch of imagination will be made out on facts. According to the learned counsel failure to conduct the Breath Analyzer test is fatal and the continuance of the proceedings ,is nothing but a futile exercise.

4. The learned Public Prosecutor refuted the content