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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN
Unaize Ahammed S/o Mukkthar Ahammed – Appellant
Versus
State Of Kerala – Respondent
| Table of Content |
|---|
| 1. court's jurisdiction and details of parties (Para 1 , 2 , 3) |
| 2. factual allegations and surprise check details (Para 4 , 5) |
| 3. defense's argument on lack of evidence (Para 6 , 7) |
| 4. prosecution's rebuttal and evidence (Para 8 , 9) |
| 5. court's findings on procedural compliance (Para 10 , 11) |
ORDER :
This Crl.M.C. No. 1298/2026 has been filed by the first accused in Crime No. 04/2025/EKM of V.A.C.B, Ernakulam Unit and the prayers herein are to quash the FIR and further proceedings and also to grant such other reliefs in the facts and circumstances of the case.
3. In a nut shell, this crime was registered based on Annexure A2 surprise check report, carried out by the Inspector of Police- III, VACB, Ernakulam Unit as on 18.12.2024, acting on a complaint filed by Sri. Amal Krishna B, Manager FL 09 Warehouse, Petta, Thripunithura Branch, dated 18.12.2024.
“3. A petition was submitted by Amal Krishna B, Manager FL 09 Warehouse, Petta, Tripunithura on 18.12.2024. The petition was acknowledged by my predecessor as per receipt no. 3001/24/ΕΚΜ. The allegation in the petition is that 1. Shri. Unaize Ahammed, Excise Circle Inspector, KSBC FL-9 Warehouse, Petta, Tripunithura, 2. Shri.
Procedural irregularities in conducting a surprise check do not justify quashing an FIR where substantial evidence of corruption exists, underscoring the need for thorough investigative proceedings.
The conviction under the Chhattisgarh Excise Act was set aside due to prosecution's failure to prove its case beyond reasonable doubt based on procedural violations.
The court affirmed the validity of FIRs registered by different agencies for distinct offences, emphasizing the necessity of ongoing investigations into serious allegations of corruption and money la....
The court ruled that allegations in an FIR must disclose a prima facie case for investigation, and mere recovery of cash without evidence linking the accused to a bribery transaction does not suffice....
The prosecution must establish guilt beyond reasonable doubt, and inconsistent witness testimony undermines the credibility of charges under the Bihar Excise Act.
Non-compliance with statutory provisions regarding search warrants in liquor-related cases leads to quashing of FIR and subsequent proceedings.
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