Insufficient evidence of intent to sell IMFL leads to quashing of charges under Section 55(i) of the Abkari Act.

ORDER

The accused in S.C.No.23 of 2019 on the files of the Assistant Sessions Court, Thrissur, has filed this petition under Section 482 Cr.P.C. to quash the proceedings against him in the said case. The charge against him is that he committed the offence under Section

55(i) of the Abkari Act .

2. According to the prosecution, the Excise Inspector of Excise Range Office, Kolazhi, and his team, upon conducting a search on 08.11.2017 in the residence of the petitioner, an Ex-serviceman, found that he has been in possession of 22.5 litres of IMFL (Indian Made Foreign Liquor) allotted to the defence personnel. According to the Investigating Agency, the aforesaid liquor was stored by the petitioner in his residence for sale, and hence the offence under Section 55 (i) of the Abkari Act is attracted.

3. In the present petition, the petitioner would contend that he is totally innocent, and that he has been falsely implicated in this case. It is further stated that the offence under Section 55 (i) of the Abkari Act , is not attracted in the facts and circumstances of the case.

4. Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the State of Kerala.

5. As already stated above, the charge against the petitioner is that he was found to have been in possession of 22.5 litres of IMFL allotted to defence personnel at his residence in the search conducted on 08.11.2017 by the Excise Range Officer, Kolazhi, and his team. Even according to the prosecution, the petitioner is an Ex-serviceman. There is absolutely no case for the prosecution that at the time of conducting the search, the Investigating Officers found the petitioner attempting to sell IMFL to any person. None of the prosecution records would reveal that the petitioner had stored the aforesaid quantity of IMFL for the purpose of sale. Therefore, the offence under Section 55 (i) of the Abkari Act is prima facie not attracted in the facts and circumstances of the case. At the most, the petitioner could be alleged to have committed the offence punishable under Section 13 , which deals with the possession of any quantity of the liquor in excess of the permissible limits, which is punishable under Section 63 of the . At any rate, the petitioner is not liable to face criminal prosecution for the offence under (i) of the in the facts and circumstances of this case. Therefore, the prayer of the petitioner to quash the proceedings against him, deserves to be allowed.

In the result, the petition stands allowed. The proceedings against the petitioner / accused in S.C.No.23 of 2019 on the files of the Additional Sessions Court, Thrissur, are hereby quashed. However, it is made clear that this order would not be a fetter for the Investigating Agency to file the chargesheet against the petitioner for the commission of the offence under Section 13 read with Section 63 of the Abkari Act .