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2021 Supreme(Online)(KER) 10327
HIGH COURT OF KERALA
P.SOMARAJAN, J
ABU THAHIR @ ABU – Appellant
Versus
STATE OF KERALA – Respondent
Crl.MC/1817/2021
V.VENUGOPALAN NAIR
The location of an alleged offense must meet the statutory definition of a public place for charges under the Kerala Abkari Act to be valid.
Headnote:
Abuse - Criminal Procedure - Kerala Abkari Act - Sections 15(C), 63 - The court quashed the proceedings against the accused, interpreting that the accused's actions did not occur in a public place as defined by the act, thus confirming the charges were inappropriate.
Fact of the Case:
Accusations were made against several individuals for consuming Indian Made Foreign Liquor in an open paddy field. The police seized a vehicle belonging to one of the accused without proper justification.
Finding of the Court:
The court determined that the location of the alleged crime was not classified as a public space under the applicable law, rendering the application of Sections 15(C) and 63 of the Kerala Abkari Act inappropriate. The entire proceeding was seen as an abuse of the legal process.
Issues: Whether the consumption of alcohol in an open paddy field constitutes an offense under the Kerala Abkari Act, and if the seizure of the vehicle was justified under the law.
Ratio Decidendi: The court held that neither Section 15(C) nor Section 63 of the Kerala Abkari Act applied in this case due to the non-public nature of the location, leading to the conclusion that the proceedings were legally flawed.
Final Decision: The court quashed the proceedings and ordered the immediate release of the seized vehicle.
ORDER
The crime was registered alleging offence under Section 15 (C) and 63 of the Kerala Abkari Act , in connection with consumption of alcohol (Indian Made Foreign Liquor) by the accused persons in an open paddy field. Admittedly, it is not a public place. The vehicle belonged to one of the accused was also seized from his house, that too, without any valid reason (for the reason best known to the Officer who seized the vehicle). Neither (C) nor Section 63 will stand attracted. Hence, the entire crime and its subsequent proceedings are hereby quashed, being an abuse of process of the court. The vehicle seized shall be released to the party forthwith and there will be a direction to the concerned Magistrate to that effect.
Crl.M.Cs are allowed accordingly.
Sd/-
P.SOMARAJAN JUDGE SPV APPENDIX OF CRL.MC 1269/2021 PETITIONER’S ANNEXURE ANNEXURE A1 CERTIFIED COPY OF FIR IN CRIME NO.12/2021 OF MARANELLOOR POLICE STATION DATED 2.1.2021.
ANNEXURE A2 CERTIFIED COPY OF THE MAHAZAR DATED
2.1.21 IN CRIME NO.12/21 OF MARANALLOOR POLICE STATION.
ANNEXURE A3 CERTIFIED COPY OF THE MAHAZAR DATED
3.1.21 IN CRIME NO.12/21 OF MARANALLOOR POLICE STATION.
ANNEXURE A4 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER DATED 14.1.21 BEFORE THE CITY POLICE COMMISSIONER (RURAL), THIRUVANANTHAPURAM.
ANNEXURE A5 COMMUNICATION DTD.12.3.2021 ISSUED BY THE MARANALLOOR VILLAGE OFFICER UNDER THE RI ACT.
ANNEXURE A6 A TRUE COPY OF THE COMMUNICATION BEARING NO.2/RTI/DYSP/KTDA/2021 DATED
24.04.2021 ISSUED BY THE DYSP, KATTAKADA SUB DIVISION, THIRUVANANTHAPURAM RURAL (APPEALLTE AUTHORITY UNDER THE RI ACT) .
ANNEXURE A7 A TRUE COPY OF THE COMMUNICATION BEARING NO.12/PTN/C-BRANCH/2021/T ISSUED BY THE DYSP C-BRANCH, THIRUVANANTHAPURAM RURAL, DATED
06.07.2021.
RESPONDENTS’ EXHIBITS: NIL //TRUE COPY//
PA TO JUDGE APPENDIX OF CRL.MC 1817/2021 PETITIONER’S ANNEXURE ANNEXURE-A1 TRUE COPY OF THE FIR IN CRIME NO
12/2021 OF MARANELLOOR POLICE STATION DTD 2.1.2021 ANNEXURE-A2 TRUE COPY OF THE MAHAZR DTD 2.1.21 IN CRIME NO.12/21 OF MARANALLOOR POLICE STATION ANNEXURE-A3 TRUE COPY OF THE MAHAZR DTD 3.1.21 IN CRIME NO.12/21 OF MARANALLOOR POLICE STATION ANNEXURE-A4 CERTIFIED COPY OF THE ORDER IN CMP
47/2021 DTD 8.2.21 OF JFMC , KATTAKKADA RESPONDENTS’ EXHIBITS: NIL //TRUE COPY//
PA TO JUDGE
