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2007 Supreme(Online)(KER) 24796

HIGH COURT OF KERALA
K.R. UDAYABHANU, J
KERALA STATE,REP BY EXCISE INSPECTOR – Appellant
Versus
AJAIKUMAR T K – Respondent


O R D E R

The State has filed the Crl.M.C to quash the order of the court below in Crl.M.P.No.2289/2002 on an application filed under Section 451 Cr.P.C. The court below allowed the application.

2. The matter relates to the raid conducted in the premises of Century Club, Vennala, and the crime registered vide Crime No.21/2002 of Ernakulam Excise Range with respect to the offence under Section 55(a) of the Akbari Act. The contention of the petitioners therein was that when the alleged raid was conducted there was an interim order of this Court in O.P.No.32836/2000 restraining the respondents from interfering with the activities of the members of the petitioner club in its premises including the consumption of liquor by its members, their family and guests in the premises of the club. It is the case of the petitioners, numbering 31, that the liquor bottles seized were purchased by them and kept at the club for their consumption. Altogether 79 bottles of Indian Made Foreign Liquor were allegedly seized. It is seen that the final report has been filed and the matter were tried as S.C.No.207/2005 in the court of Additional Sessions Judge, Ad hoc-I, Ernakulam. Of the three accused, two we

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