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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. DIAS, J
SUBASH KUMAR – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. facts of the case and the context of the complaint. (Para 2) |
| 2. arguments presented by both parties. (Para 4 , 5) |
| 3. court's observations on the principles of quashing and requirements for the inherent powers. (Para 6 , 7 , 8 , 9) |
| 4. final decision rendered by the court. (Para 10) |
C.S.DIAS, J.
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Crl.M.C. No.9459 OF 2025 -----------------------------------------
Dated this the 23rd day of October, 2025 ORDER The petitioner is the accused in O.R.No.201/2025 registered by the Konni Excise Range Office, Pathanamthitta for allegedly committing the offences punishable under Sections 8 (1) and 8(2) of the Kerala Abkari Act , 1077.
2. The gist of the prosecution case is that, on
09.09.2025, at about 18:40 hours, the Excise officials seized 20 liters of illicit arrack from the bathroom of the petitioner’s house.
3. Heard; the learned Counsel for the petitioner and the learned Public Prosecutor.
4. The learned Counsel for the petitioner submits that the petitioner is totally innocent of the allegations attributed against him. In fact, the house from where the contraband was seized does not belong to the petitioner. It is out of the previous anim
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