Allowed

C.P. Narayanan v. State of Kerala

Kerala HC2 Mar 2017Crl.MC/1251/2017

Case brief

AI extract

What is this about?

The court quashed the criminal proceeding and the final report filed by the police in a case involving alleged manufacturing of illicit liquor. The decision was based on the chemical analysis report of the retained sample which showed no presence of starch, deeming further prosecution unsustainable.

What did the court decide?

Quashed Annexure C final report and dismissed the prosecution under Section 482 Cr.P.C.

C.P. Narayanan Vs State of Kerala — Narcotics (NDPS) | Kerala HC (2017)

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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 B.SUDHEENDRA KUMAR

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THURSDAY, THE 2ND DAY OF MARCH 2017/11TH PHALGUNA, 1938

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Crl.MC.No. 1251 of 2017 () ---------------------------

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CP 8/2017 of J.F.M.C., PATTAMBI CRIME NO. 23/2015 OF PATTAMBI EXCISE RANGE OFFICE, PALAKKAD

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PETITIONER(S):

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1. C.P. NARAYANAN, AGED 47 YEARS, S/O.RAMAN, CHOKKIPALLIYALIL HOUSE, KEEZHMURI DESOM, KOPPAM VILLAGE, PATTAMBI TALUK, PALAKKAD DISTRICT.

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2. UNNIKRISHNAN, AGED 55 YEARS, S/O.CHATHU, THUMBARAYIL HOUSE, MEZHATHOOR DESOM, THRITHALA VILLAGE, PATTAMBI TALUK, PALAKKAD DISTRICT.

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3. HARIDAS, AGED 53 YEARS, S/O.KRISHNANKUTTY, PANAMKUNNATH HIOUSE, PALLIPPURAM DESOM, PARATHOOR VILLAGE, PATTAMBI TALUK.

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BY ADV. SRI.NIREESH MATHEW

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RESPONDENT(S):

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

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BY PUBLIC PROSECUTOR SRI.E.C.BINEESH

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02-03-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 1251 of 2017 ()

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE A-	PHOTOCOPY OF THE CHEMICAL ANALYSIS CERTIFICATE DATAED 28/03/2015 ISSUED BY THE ASST. CHEMICAL EXAMINER TO GOVT. OF KERALA, ERNAKULAM.
ANNEXURE B-	PHOTOCOPY OF THE CHEMICAL ANALYSIS CERTIFICATE DATED 21/03/2015 ISSUED BY THE ASST. CHEMICAL EXAMINER TO GOVT. OF KERALA, ERNAKULAM.
ANNEXURE C-	PHOTOCOPY OF THE FINAL REPORT IN CR.NO.23/2015 FILED BEFORE THE JUDL. FIRST CLASS MAGISTRATE COURT, PATTAMBI.
ANNEXURE D-	PHOTOCOPY OF THE ORDER DATED 14/02/2013 IN CRL.M.C.NO.769/2013 PASSED BY THIS HON'BLE COURT.
ANNEXURE E-	PHOTOCOPY OF THE ORDER DATED 21/08/2014 IN CRL.M.C.NO.3761/2015 PASSED BY THIS HON'BLE COURT.
ANNEXURE F-	PHOTOCOPY OF THE ORDER DATED 16/02/2016 IN CRL.M.C.NO.8055/2015 PASSED BY THIS HON'BLE COURT.
ANNEXURE G-	PHOTOCOPY OF THE ORDER DATED 02/02/2017 IN CRL.M.C.NO.2060/2016 PASSED BY THIS HON'BLE COURT.

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RESPONDENT'S EXHIBITS: NIL

//TRUE COPY//

P.A. TO JUDGE

STK

B. SUDHEENDRA KUMAR, J.

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-------------------------------Crl.M.C. No.1251 of 2017

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Dated this the 2^nd day of March, 2017

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O R D E R

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Heard.

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The petitioners are accused Nos.1 to 3 in C.P.No.8/2017 on the files of the court below. The offence

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alleged is the offence under Section 57(A) of the Abkari Act.

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The prosecution allegation is that on 21.10.2014 at about 1.35 pm, the Preventive Officer, Pattambi Excise Range had taken two samples, namely 'A' sample and 'B' sample, from toddy shop No.16 of Pattambi Excise Range, wherein the first and the second petitioners were the joint licensees and the third petitioner was the sales man. On analysis of 'A' sample, starch was detected as per Annexure A certificate. Thereafter, on the request of the accused, the 'B' sample was sent to the laboratory for analysis as per the order of the court. The certificate of chemical analysis of 'B'

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Crl.M.C. No.1251 of 2017

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-: 2 :-

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sample would show that starch was not detected in the said sample as per Annexure B certificate.

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Since Annexure 'B' certificate of analysis of 'B' sample would show that no extraneous substance including starch was detected in the toddy seized from the shop of the petitioner, no successful prosecution can be sustained. Consequently, no purpose would be served even if the prosecution is permitted to be continued. In the said circumstances, I am inclined to quash Annexure C final report and further proceedings against the petitioners in C.P.No.8/2017 on the files of the court below, in exercise of the inherent power under Section 482 Cr.P.C., to secure the ends of justice and accordingly, I order so.

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In the result, this Crl.M.C. stands allowed.

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Sd/-

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B. SUDHEENDRA KUMAR, JUDGE

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STK

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//TRUE COPY//

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//P.A. TO JUDGE//

C.P. Narayanan v. State of Kerala

Case brief

What is this about?

What did the court decide?

C.P. Narayanan v. State of Kerala

Case brief

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What did the court decide?

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