This court quashed a criminal case registered for violations of the Kerala Abkari Act concerning an additional bar counter. Relying on prior precedents, the bench held that the license conditions permitted sales within licensed premises, not just the bar room, and no violation existed.
CR No.35/2010 registered by the Excise Inspector, Kasaragod, is quashed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 28TH OCTOBER 2010 / 6TH KARTHIKA 1932
Crl.MC.No. 4173 of 2010() --------------------------------------(CR.NO.35/2010 REGISTERED BY THE EXCISE INSPECTOR, KASARAGOD EXCISE RANGE, KASARAGOD)
PETITIONER(S): ACCUSED NOS. 1 TO 4:
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1. SHANET.P.T, AGED 25 YEARS, S/O.THOMAS.P.M, PULICKEKANDATHIL HOUSE, KOLAKKAD VILLAGE, THALASSERY TALUK, KANNUR DISTRICT.
2. KRISHNAKUMAR.K.V, AGED 38 YEARS, S/O.O.V.NARAYANAN NAMBIAR, PANANGATTOOR DESOM, KUTTIYERI VILLAGE, THALIPARAMBA TALUK, KANNUR DISTRICT.
3. JOHN KALLAT, KALLAT HOUSE, THALIPARAMBA, KANNUR DISTRICT.
4. TERRY JOHN, S/O.JOHN KALLAT, KALLAT HOUSE, THALIPARAMBA, KANNUR DISTRICT.
BY SRI.C.C.THOMAS, SENIOR ADVOCATE, BY ADV. SRI.NIREESH MATHEW.
RESPONDENT(S): COMPLAINANT: ---------------------------------------------------
STATE OF KERALA REPRESENTED BY THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, KASARAGOD, KASARAGOD DISTRICT BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY ADDL. DIRECTOR GENERAL OF PROSECUTION SRI.P.N.SUKUMARAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Kss
M.SASIDHARAN NAMBIAR, J.
Crl.M.C No.4173 of 2010 -------------------------Dated this the 28th October, 2010
O R D E R
On 18.7.2010 at 5 pm, Excise Officers inspected Bar Hotel, J.K. Residency, Kasargod. Finding an additional bar counter functioning in the first floor of the hotel, contending that it is in violation of the conditions of the license and the rules under Kerala Abkari Act, registered CR No.35/010 of Excise Range Office, Kasargod for the offence under Section 56 (b) of Kerala Abkari Act. Petition is filed under Section 482 of Cr.P.C to quash the crime and further proceedings, contending that neither the Abkari Act nor the Rules or the conditions of license prohibit an additional counter being opened and therefore there is no violation of the rules or conditions of the license and therefore registration of the case is only an abuse of the process of court and hence it is to be quashed. Petitioners would contend that identical question has been considered and decided by this Court in Annexure-E order in Crl.M.C 2292/09 dated 20.8.2009.
Crl.M.C No.4173 of 2010
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the bar room and therefore, additional counter put up in the first floor is in violation of the Rules and conditions of the license. Hence, the offence under Section 56(b) of Abkari Act is attracted and therefore crime registered cannot be quashed.
Crl.M.C No.4173 of 2010
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liquor is permissible even outside the boundaries of the bar room. Therefore, it is found that additional counter could be put up even in the restaurant where under license foreign liquor could be sold and served. Though learned Additional Director General of Prosecutions made an attempt to justify the registration of the case on the ground that the plan submitted while applying for license shows only one counter within the bar room and under condition No.1, sale could only be within the bar room, in the light of the conditions of the licence, I cannot agree with the submission. As held in Crl.M.C No.3618/2010, when the conditions of licence permits sale of foreign liquor in the restaurant and there is no prohibition for putting up a counter within the restaurant, as held in Crl. M.C No.3618/2010, if an additional counter is put up within the licensed premises, it is not in violation of the provisions of Abkari Rules, Foreign Liquor Rules or the conditions of license as it now stands. If the Government finds that the Rule is to be amended, it is up to the Government to effect necessary amendments. If that be when the offence alleged
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is not attracted on the basis of the prosecution case itself, the prosecution can only be quashed.
Petition is allowed. CR No.35/2010 of Kasargod Excise Range, Kasargod is quashed.
ma
M.SASIDHARAN NAMBIAR JUDGE
3 issues framed by the court
Whether an additional bar counter put up in a restaurant under an FL-3 license violates licensing conditions permitting sale outside the bar room.
Whether the registration of a criminal case under Section 56(b) of Kerala Abkari Act is an abuse of the process of court.
Whether the offence is attracted when there is no prohibition in the license conditions for an additional counter within licensed premises.
SHANET.P.T
KRISHNAKUMAR.K.V
JOHN KALLAT
TERRY JOHN
STATE OF KERALA
M.SASIDHARAN NAMBIAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
