Allowed

Nikesh v. S.I. of Police

Kerala HC9 Nov 2010Crl.MC/1670/2006

Case brief

AI extract

What is this about?

The Court quashed the proceedings initiated under Section 15C of the Kerala Abkari Act against petitioners for consuming liquor in a private residential room of a lodging house. It held that a private room in a lodging is not a public place and thus the offence is not attracted.

What did the court decide?

Petition allowed; S.T.No.3382 of 2004 filed before the Judicial First Class Magistrate Court, Chavakkad is quashed.

Nikesh Vs S.I. of Police — Pension and Retirement Benefits | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR

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TUESDAY, THE 9TH NOVEMBER 2010 / 18TH KARTHIKA 1932

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Crl.MC.No. 1670 of 2006()

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------------------------------------ST.3382/2004 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHAVAKKAD

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PETITIONERS/ACCUSED 1 TO 7

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-----------------------------------------------

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1. NIKESH, S/O. ARAVINDAKSHAN, KOOTALA VEEDU, P.O.ANTHIKAD, TRICHUR DISTRICT.

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2. MUNSHAD, S/O. MUHAMMAD, ARACKAL HOUSE, P.O.VADANAPPALLY, TRICHUR DISTRICT.

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3. SAJEESH, S/O. SREEKUMAR, KOTTARATH HOUSE, KARAMUKKU, KANDASSANKADAVU P.O., TRICHUR DISTRICT.

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4. SALIL KUMAR, S/O. SREEKUMAR, KOTTARATH HOUSE, KARAMUKKU, KANDASSANKADAVU P.O., TRICHUR DISTRICT.

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5. SANTHOSH, S/O. DIVAKARAN, KULLATHU VEEDU, P.O.VADANAPPALLY, TRICHUR DISTRICT.

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6. SANOJ KUMAR, S/O. JAYADEVAN, CHALLIPATU VEEDU, THRITHALLUR, VADANAPPALLY P.O., TRICHUR DIST.

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7. SASI, S/O. SREEDHARAN, ERANAZATHU HOUSE, P.O.VADANAPPALLY, TRICHUR DISTRICT.

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BY ADV. SRI.MANSOOR.B.H., SRI.P.M.HARIS (POOTHULIL).

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Crl.MC.No. 1670 of 2006

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RESPONDENTS/COMPLAINANT & STATE:

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1. SUB - INSPECTOR OF POLICE, VADANAPPALLY POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

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2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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R1 & R2 BY PUBLIC PROSECUTOR MR.I.V. PRAMOD.

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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M.SASIDHARAN NAMBIAR, J.

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Crl.M.C No.1670 OF 2006

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Dated this the 9^th day of November, 2010.

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O R D E R

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Whether consumption of liquor in a lodging a room would constitute an offence under Section 15C of Abkari Act is the question.

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Judicial First Class Magistrate Court, Chavakkad took cognizance for the offence under Section 15C of Kerala Abkari Act against accused Nos.1 to 7, on Annexure-II final report submitted by Sub Inspector of Police Vadanappally. The prosecution case is that on 6.6.2004 at about 3.10 a.m, petitioners were found consuming liquor in Room No.14 of “Vellamkanni Matha” lodge. It is alleged that they thereby committed an offence under Section 15C of Kerala Abkari Act. Petition is filed under Section 482 of Code of Criminal Procedure to quash the cognizance taken contending that the offence is not attracted.

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Learned counsel appearing for the petitioner and the learned Public Prosecutor were heard.

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Facts are not disputed. Petitioners were found consuming liquor in Room No.14 of a residential lodge by name “Vellamkanni

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Crl.M.C No.1670 OF 2006

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Matha” lodge, at about 3.10 a.m. The question is whether consumption of liquor in a room of a lodging house would attract an offence under Section 15C of the Act.

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Section 15C of Kerala Abkari Act reads thus:-

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“ 15C. Consumption of liquor in public places.- No person shall consume liquor in any public place unless consumption of liquor in any such place is permitted under a licence granted by the Commissioner.

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Explanation I: - For the purpose of this section, “Public place”means any street, Court, Police Station [or other public office or any club] or any place of public amusement or resort or on board any passenger boat or vessel or any public passenger vehicle, or a dining or refreshment room in a restaurant, hotel, rest-house, travellers bungalow or tourists' bungalow where different individuals or groups of persons consume food, but shall not include any private residential room.

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Explanation II: - For the purpose of explanation I, “public passenger vehicle”means a vehicle used for carrying passengers for hire or reward other than a vehicle which carries passengers for hire or reward under a contract, express or implied for the use of the vehicle as a whole at or for a fixed or agreed rate or sum.”

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To attract an offence under Section 15C, petitioners should have consumed liquor in any public place unless consumption of liquor in such public place is permitted under a licence granted by the Commissioner. In view of explanation one, public place means any street, Court, Police Station or other public office or any club or any place of public amusement or resort or on board any passenger boat or vessel or any public passenger vehicle, or a

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Crl.M.C No.1670 OF 2006

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dining or refreshment room in a restaurant, hotel, rest-house, travellers bungalow or tourists' bungalow where different individuals or groups of persons consume food, would be a public place. Hence as is clear from the first explanation such public place shall not include any private residential room.

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The specific case is that petitioners were found consuming liquor in Room No.14 of a lodging house. That room is admittedly a private residential room. The liquor was not consumed in the dining or refreshment room in that lodge. Hence the consumption was not from a public place. If that be so, Section 15C is not attracted in the case at all. Consumption of liquor in a private residential room, will not be an offence under Section 15C in view of Explanation I of Section 15C. Therefore continuation of the proceedings is only an abuse of process of the court.

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Petition is allowed. S.T.No.3382 of 2004 on the file of the Judicial Fist Class Magistrat Court, Chavakkad is quashed.

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M.SASIDHARAN NAMBIAR, JUDGE

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mns

Nikesh v. S.I. of Police

Case brief

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Nikesh v. S.I. of Police

Case brief

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