Allowed

Abu Thahir @ Abu v. State of Kerala

Kerala HC2 Aug 2021Crl.MC/1817/2021

Case brief

AI extract

What is this about?

The High Court of Kerala, in two connected criminal miscellaneous applications, quashed criminal proceedings against an accused for consuming Indian Made Foreign Liquor. The Court held that the alleged offense occurred in a private paddy field and not a public place, negating the attractions of the challenged sections of the Kerala Abkari Act.

What did the court decide?

The entire crime and subsequent proceedings are quashed; the seized vehicle is to be released forthwith.

Abu Thahir @ Abu Vs State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2021)

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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 P.SOMARAJAN

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MONDAY, THE 2^ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943

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CRL.MC NO. 1269 OF 2021

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CRIME NO.12/2021 OF POLICE MARANALLOOR POLICE STATION, THIRUVANANTHAPURAM

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PETITIONER/ACCUSED NO.6:

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ABU THAHIR @ ABU AGED 27 YEARS S/O. HAKIM, NALLANKUKKAL HOUSE, KANDALA, MARANALLOOR DESOM, MARANALLOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT

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BY ADV V.VENUGOPALAN NAIR

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RESPONDENTS/COMPLAINANT & STATE:

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1 STATE OF KERALA THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031

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2 THE SUB INSPECTOR OF POLICE, MANRANLLOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT-695 001

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BY ADV.SRI.E.C.BINEESH,PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02.08.2021 ALONG WITH CRL.M.C.NO. 1817 OF 2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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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 P.SOMARAJAN

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MONDAY, THE 2^ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943

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CRL.MC NO. 1817 OF 2021

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AGAINST THE ORDER/JUDGMENT IN CMP 47/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS, KATTAKADA, THIRUVANANTHAPURAM

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CRIME NO.12/2021 OF POLICE MARANALLOOR POLICE STATION,

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THIRUVANANTHAPURAM

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PETITIONER/ACCUSED NO.6:

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ABU THAHIR @ ABU AGED 27 YEARS S/O. HAKIM, NALLANKUKKAL HOUSE, KANDALA, MARANALLOOR DESOM, MARANALLOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT

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BY ADV V.VENUGOPALAN NAIR

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RESPONDENTS/COMPLAINANT & STATE:

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1 STATE OF KERALA THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031

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2 THE SUB INSPECTOR OF POLICE, MANRANLLOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT-695 001

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

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02.08.2021 ALONG WITH CRL.M.C.NO.1269/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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CRL.MC NO. 1269 OF 2021 & CRL.M.C 1817 OF 2021

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ORDER

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The crime was registered alleging

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offence under Section 15(C) and 63 of the Kerala Abkari Act, in connection with consumption of alcohol (Indian Made Foreign Liquor) by the accused persons in an open paddy field. Admittedly, it is not a public place. The vehicle belonged to one of the accused was also seized from his house, that too, without any valid reason (for the reason best known to the Officer who seized the vehicle). Neither Section 15(C) nor Section 63 will stand attracted. Hence, the entire crime and its subsequent proceedings are hereby quashed, being an abuse of process of the court. The vehicle seized shall be released to the party forthwith and there will be a direction to the concerned

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CRL.MC NO. 1269 OF 2021 & CRL.M.C 1817 OF 2021

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Magistrate to that effect.

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Crl.M.Cs are allowed accordingly.

Sd/-

P.SOMARAJAN

JUDGE

SPV

CRL.MC NO. 1269 OF 2021 & CRL.M.C 1817 OF 2021

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APPENDIX OF CRL.MC 1269/2021

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PETITIONER’S ANNEXURE

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ANNEXURE A1 CERTIFIED COPY OF FIR IN CRIME NO.12/2021 OF MARANELLOOR POLICE STATION DATED 2.1.2021.

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ANNEXURE A2 CERTIFIED COPY OF THE MAHAZAR DATED 2.1.21 IN CRIME NO.12/21 OF MARANALLOOR POLICE STATION.

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ANNEXURE A3 CERTIFIED COPY OF THE MAHAZAR DATED 3.1.21 IN CRIME NO.12/21 OF MARANALLOOR POLICE STATION.

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ANNEXURE A4 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER DATED 14.1.21 BEFORE THE CITY POLICE COMMISSIONER (RURAL), THIRUVANANTHAPURAM.

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ANNEXURE A5 COMMUNICATION DTD.12.3.2021 ISSUED BY THE MARANALLOOR VILLAGE OFFICER UNDER THE RI ACT.

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ANNEXURE A6 A TRUE COPY OF THE COMMUNICATION BEARING NO.2/RTI/DYSP/KTDA/2021 DATED 24.04.2021 ISSUED BY THE DYSP, KATTAKADA SUB DIVISION, THIRUVANANTHAPURAM RURAL (APPEALLTE AUTHORITY UNDER THE RI ACT) .

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ANNEXURE A7 A TRUE COPY OF THE COMMUNICATION BEARING NO.12/PTN/C-BRANCH/2021/T ISSUED BY THE DYSP C-BRANCH, THIRUVANANTHAPURAM RURAL, DATED 06.07.2021.

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RESPONDENTS’ EXHIBITS: NIL

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//TRUE COPY//

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PA TO JUDGE

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CRL.MC NO. 1269 OF 2021 & CRL.M.C 1817 OF 2021

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APPENDIX OF CRL.MC 1817/2021

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PETITIONER’S ANNEXURE

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ANNEXURE-A1 TRUE COPY OF THE FIR IN CRIME NO 12/2021 OF MARANELLOOR POLICE STATION DTD 2.1.2021

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ANNEXURE-A2 TRUE COPY OF THE MAHAZR DTD 2.1.21 IN CRIME NO.12/21 OF MARANALLOOR POLICE STATION

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ANNEXURE-A3 TRUE COPY OF THE MAHAZR DTD 3.1.21 IN CRIME NO.12/21 OF MARANALLOOR POLICE STATION

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ANNEXURE-A4 CERTIFIED COPY OF THE ORDER IN CMP 47/2021 DTD 8.2.21 OF JFMC , KATTAKKADA

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RESPONDENTS’ EXHIBITS: NIL

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//TRUE COPY//

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PA TO JUDGE

Abu Thahir @ Abu v. State of Kerala

Case brief

What is this about?

What did the court decide?

Abu Thahir @ Abu v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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