Quashed
Sayed Muhammed Anas v. the State of Kerala
Kerala HCCrl.MC/1169/2021
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COURT OF KERALA AT ERNAKULAM PRESENT THE…
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
MONDAY, THE 12TH DAY OF JULY 2021 / 21ST ASHADHA, 1943
CRL.MC NO. 1169 OF 2021 (E)
AGAINST THE PROCEEDINGS IN LP CASE No.3/2004 IN S.C.No.336/2002 OF THE ASSISTANT SESSIONS COURT, MANJERI ARISING OUT OF CRIME No.21/2001 OF THE MANJERI POLICE STATION, MALAPPURAM DISTRICT
PETITIONER/ACCUSED:
SAYED MUHAMMED ANAS, AGED 43 YEARS, S/o MULLAKOYA THANGAL, THUPPATH HOUSE, KARUVAMBRAM, PALAKKULAM, MANJERI, MALAPPURAM DISTRICT
BY ADV BABU S. NAIR
RESPONDENTS/STATE & COMPLAINANT:
1 THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN-682 031. 2 THE SUB INSPECTOR OF POLICE, MANJERI POLICE STATION, MALAPPURAM DISTRICT, PIN-676 121.
BY PUBLIC PROSECUTOR SRI. E.C.BINEESH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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ORDER
The petitioner came up to quash L.P.Case No.3/2004 in S.C.No.336/2002 of the Assistant Sessions Court, Manjeri, arising out of Crime No.21/2001 of the Manjeri Police Station registered on the allegation of offence under Section 55(a) of the Abkari Act and Rule 9 of the Foreign Liquor Rules. After investigation, final report was submitted. Due to the absence of the accused, L.P. Case was also registered. It is submitted that no independent witness was cited to prove the allegation of sale of Indian Made Foreign Liquor kept in the house of the accused. It is admitted by the learned Public Prosecutor that what is seized from the custody of petitioner is only a permissible limit of Indian Made Foreign Liquor. It is also fairly conceded that he had received copy of the final report wherein no independent witness was cited in order to prove the sale of Indian Made Foreign Liquor. The witnesses who were cited as independent witnesses are only witnesses to the recovery and mahazar. In the absence of independent witness to prove the alleged sale of Indian Made Foreign Liquor, the prosecution will not succeed. The hearsay evidence, if any, received by way of information by any of the officials cannot be substituted in the place of evidence. As such, it was submitted that both the L.P. Case registered and the Sessions Case will not serve any purpose, if it is proceeded. Having regard to the
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submission made by the learned Public Prosecutor on receipt of the final report, I am of the view that if it is proceeded further, it will not serve any purpose and there is no chance for conviction for the alleged offences even going by the final report. Hence, the entire proceedings are hereby quashed as it will not serve any purpose. L.P.Case No.3/2004 and Sessions Case No.336/2002 and its entire proceedings are hereby quashed.
Crl.M.C will stand allowed accordingly.
Sd/-
P. SOMARAJAN, JUDGE
DMR/-
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APPENDIX OF CRL.MC 1169/2021
PETITIONER'S ANNEXURE ANNEXURE A TRUE COPY OF THE FIR IN CRIME NO 21/2001 OF THE MANJERI POLICE STATION DATED 9.1.2001 ANNEXURE B TRUE COPY OF THE SEARCH LIST IN CRIME NO 21/2001 OF THE MANJERI POLICE STATION ANNEXURE C TRUE COPY OF THE FINAL REPORT/CHARGE IN CRIME NO 21/2001 OF THE MANJERI POLICE STATION RESPONDENTS' NIL ANNEXURE // TRUE COPY //
P.A. TO JUDGE
SAYED MUHAMMED ANAS
THE STATE OF KERALA
P. SOMARAJAN
As recorded by the court registry
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