Disposed

Sandhul Aravind v. State

Kerala HC23 Jan 2019Crl.MC/1620/2018

Case brief

AI extract

What is this about?

In Crl.MC.No. 1620 of 2018, the Kerala High Court closed an application seeking to quash an excise occurrence report. The court noted that a final report had been filed by the Excise Inspector and cognizance had already been taken by the Magistrate Court, rendering the present quashing petition subservient to the rights to challenge the final report.

What did the court decide?

Case dismissed/closed with directions to applicants to challenge the final report via appropriate legal channels.

Sandhul Aravind Vs State — Writ and Judicial Review | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE P.UBAID

¶4

WEDNESDAY,THE 23RD DAY OF JANUARY 2019 / 3RD MAGHA, 1940

¶5

Crl.MC.No. 1620 of 2018

¶6

CRIME NO. 172/2017 OF Nedumangad Excise Range Office , Thiruvananthapuram

¶7

PETITIONERS/ACCUSED 1 TO 3:

¶8

1 SANDHUL ARAVIND

¶9

S/O. ARAVINDAKSHAN, AGED 30 YEARS, ARAVINDALAYAM VEEDU, CHERUMMOODU,VELLMON P.O., PERINAD VILLAGE, KOLLAM

¶10

2 RAJENDRAN

¶11

S/O CHANDRASEKHARAN,AGED 57 YEARS,CHITHIRA NIVAS,KUZHIYAM, CHEMMAKKAD P.O.,PERINAD VILLAGE, KOLLAM

¶12

3 A.T.PREMACHANDRAN NAIR S/O LATE T.K.THANKAPPAN,AGED 65 YEARS, PROPERIETOR,THANKAPURAM INDUSTRIES, CHEMMAKKAD P.O., PERINAD, KOLLAM-691601

¶13

BY ADV. SRI.B.MOHANLAL

¶14

RESPONDENTS/COMPLAINANTS:

¶15

1 STATE REPRESENTED BY THE EXCISE RANGE INSPECTOR, NEDUMANGAD EXCISE RANGE, THIRUVANANTHAPURAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.682031

¶16

Crl.MC.No. 1620 of 2018

¶17

-2-

¶18

2 THE DEPUTY EXCISE COMMISSIONER EXCISE DIVISION OFFICE,THIRUVANANTHAPURAM 695023

¶19

BY ADVS. ADDL.DIRECTOR GENERAL OF PROSECUTION SRI.SUMAN CHAKRAVARTHY SR. GOVT.PLEADER

¶20

OTHER PRESENT:

¶21

SRI S SAJJU-PP

¶22

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶23

Crl.MC.No. 1620 of 2018

¶24

-3-

¶25

O R D E R

¶26

The petitioners seek orders quashing the

¶27

occurrence report and further proceedings in Crime No. 172 of 2017 of the Nedumangad Excise Range. Now there is a report from the Judicial First Class Magistrate-II, Nedumangad, that the Excise Inspector has submitted final report in the said crime, and the court has taken cognizance as C.C. No. 25 of 2019. In the above circumstances, this Crl.M.C. can be closed, without prejudice to the right of the petitioners to challenge the final report, if they find legal or factual grounds for such a course. If the case involves a warrant trial procedure, they can even apply for discharge.

¶28

Without prejudice to such rights, this

¶29

Crl.M.C. is disposed of.

Sd/-

P.UBAID

Ds 23.01.2019

JUDGE

Crl.MC.No. 1620 of 2018

¶35

-4-

¶36

APPENDIX

¶37

PETITIONER'S/S EXHIBITS:

¶38

ANNEXURE A1: THE TRUE COPY OF THE RC PARTICULARS OF 2012 MODEL MAHINDRA MAXIMO VEHICLE BEARING REG. NO.KL 02-AJ-9907

¶39

ANNEXURE A2; THE TRUE COPY OF THE PRICE LIST OF THE COMMODITIES FOR THE YEAR 2017-18

¶40

ANNEXURE A3; THE TRUE COPY OF THE MANUFACTURING LICENSE NO.52/25D/2002 ISSUED BY THE DRUGS CONTROLLER 9AYURVEDA) TO THE 4TH ACCOUSED

¶41

ANNEXURE A4: THE TRUE COPY OF THE ORDER NO.KL6 419/2010/DC FROM 03.01.2010 TO 02/01/2015 ISSUED BY THE DRUGS CONTROLLER (AYURVEDA) TO THE 4TH ACCUSED

¶42

ANNEXURE A5: THE TRUE COPY OF THE IDENTITY CARD REG. NO.21314202000001 DATED 24.04.2014 ISSUED BY THE FOOD SAFETY AND STANDARD AUTHORITY OF INDIA TO THE 4TH ACCUSED

¶43

ANNEXURE A6: THE TRU COPY OF THE REGISTRATION CERTIFICATE DATED 24.04.2014 VIDE REG. NO.21314202000001 ISSUED BY THE FOOD SAFETY AND STANDARD AUTHORITY OF INDIA TO THE 4TH ACCUSED

¶44

ANNEXURE A7: THE TRUE COPY OF THE L2 LICENSE NO.RL2L/2017/00426 ISSUED BY THE DEPUTY COMMISSIONER OF EXCISE, THRISSUR TO THE 4TH ACCUSED.

¶45

ANNEXURE A8: THE TRUE COPY OF THE SP-VI LICENSE NO.RNSP VI/2017/00404 DATED 18/09/2017 ISSUED BY THE DEPUTY COMMISSIONER OF EXCISE, THRISUSR TO THE 4TH ACCUSED TO SRI.MANOHARAN

¶46

Crl.MC.No. 1620 of 2018

¶47

-5-

¶48

ANNEXURE A9;	THE TRUE CPY OF THE SP-VII LICENSE NO. RSP VII/2017 /00504 DATED 22/04/2017 ISSUED BY THE DEPUTY COMMISSIONER OF EXCISE, THRISSUR TO THE COMMISSIONER OF EXCISE, THRISUSR TO THE 4TH ACCUSED TO SRI.MANOHARAN
ANNEXURE A10	THE TRUE COPY OF BROCHURE OF NON- ALCOHOLIC FRUIT DRINK GOOSEBERRY
ANNEXURE A10(A)	THE TRUE COPY OF BROCHURE OF NON- ALCOHOLIC FRUIT DRINK PINEAPPLE
ANNEXURE A10(B)	THE TRUE COPY OF BROCHURE OF NON- ALCOHOLIC FRUIT DRINK GINGER
ANNEXURE A10(C)	THE TRUE COPY OF BROCHURE OF NON- ALCOHOLIC FRUIT DRINK JATHIKKA
ANNEXURE A10(D)	THE TRUE COPY OF BROCHURE OF NON- ALCOHOLIC FRUIT DRINK POOVAN PAZHAM
ANNEXURE A10(E)	THE TRUE COPY OF BROCHURE OF NON- ALCOHOLIC FRUIT DRINK DATES
ANNEXURE A10(F)	THE TRUE COPY OF BROCHURE OF NON- ALCOHOLIC FRUIT DRINK BEETROOT
ANNEXURE A10(G)	THE TRUE COPY OF BROCHURE OF NON- ALCOHOLIC FRUIT DRINK CARROT
ANNEXURE A10(H)	THE TRUE COPY OF BROCHURE OF NON- ALCOHOLIC FRUIT DRINK DRAKSHA
ANNEXURE A11:	THE TRUE COPY OF THE AGREEMENT DATED 15/11/2017 ENTERED INTO BETWEEN THE 3RD ACCUSED AND THE 4TH ACCUSED.
ANNEXURE A12	TRHE COPY OF THE INVOICE DATED 06/12/2017
ANNEXURE A12(A)	TRHE COPY OF THE INVOICE DATED 06/12/2017
ANNEXURE A12(B)	TRHE COPY OF THE INVOICE DATED 07/122017

¶49

Crl.MC.No. 1620 of 2018

¶50

-6-

¶51

ANNEXURE A12(C) TRHE COPY OF THE INVOICE DATED 11/12/2017 ANNEXURE A12(D) TRHE COPY OF THE INVOICE DATED 11/12/2017 ANNEXURE A12(E) TRHE COPY OF THE INVOICE DATED 03/12/207 ANNEXURE A12(F) TRHE COPY OF THE INVOICE DATED 11/12/2017 ANNEXURE A12(G) TRHE COPY OF THE INVOICE DATED 11/12/2017 ANNEXURE A12(H) TRHE COPY OF THE INVOICE DATED 12/12/2017 ANNEUXRE A12(I) TRHE COPY OF THE INVOICE DATED 12/12/2017 ANNEUXRE A13: THE TRUE COPY OF THE CRIME AND OCCURRENCE REPORT NO.172/2017 OF NEDUMANGAD EXCISE RANGE IN THIRUVANANTHAPURAM DISTRICT ANNEUXRE A14: THE TRUE COPY OF THE ORDER NO.T611735/2017 DATED 23/01/2018 ISSUED BY THE 2ND RESPONDENT ANNEXURE-A15 THE TRUE COPY OF THE CERTIFICATE NO.737/2018 ISSUED BY THE CHEMICAL EXAMINER'S LABORATORY DEPARTMENT. ANNEXURE-A16. THE TRUE COPY OF THE REPORT DATED 23/02/2018 SUBMITTED BY THE RESPONDENTS BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, NEDUMANGAD. ANNEXURE-A17 THE TRUE COPY OF THE REPORT DATED 05/03/2018 SUBMITTED BY THE RESPONDENTS BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, NEDUMANGAD.

Sandhul Aravind v. State

Case brief

What is this about?

What did the court decide?

Sandhul Aravind v. State

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Suresh Vs State of Kerala

Madhu Vs State of Kerala

Dasan, Vs State of Kerala

Vishnu Prasad Vs State of Kerala

Kotti Shetty, Vs State of Kerala

Biju Vs the State of Kerala