Writ appeal challenging the dismissal of a petition seeking directions for inquiry into a criminal case alleging offences under the Kerala Abkari Act. The High Court dismissed the appeal, noting the investigation was concluded years prior with a final report filed.
None granted; appeal dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.A. No. 1572/2022
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 7TH DAY OF DECEMBER 2022 / 16TH AGRAHAYANA, 1944
WA NO. 1572 OF 2022
JUDGMENT DATED 22.08.2022 IN WP(Crl.) 597/2022 OF HIGH COURT OF KERALA APPELLANT/APPELLANT:
BABY MATHEW AGED 55 YEARS S/O. MATHEW, KAROTTUKIZHAKEL HOUSE, PANNIYARKUTTY KARA, RAJAKKAD VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT, PIN – 685 584 BY ADVS. BIJU .C. ABRAHAM THOMAS C.ABRAHAM
RESPONDENTS/RESPONDENTS:
BY ADV. SRI. K.P. HARISH, SR. GOVERNMENT PLEADER
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 07.12.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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S. MANIKUMAR, CJ & SHAJI P. CHALY, J.
--------------------------------------------------------W.A. No. 1572 of 2022
--------------------------------------------------------Dated this the 7th day of December, 2022.
JUDGMENT
S. MANIKUMAR,CJ.
Before the writ court, appellant/writ petitioner has sought for the following reliefs:
hereunder:
Appellant/writ petitioner, sole proprietor of M/s. East Land Industries, is stated to be having requisite licences for manufacturing, possession and sale of ayurvedic and spirituous preparations, such as ‘arishtam and asavam’ and other food items also from the concerned authorities. It is contended that the Excise party seized old stock from the appellant’s premises and falsely implicated him in Exhibit P1 crime. He has filed Exhibit P7 representation before the Chief Minister and the same was
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forwarded to the Excise Commissioner, Thiruvananthapuram. Since no action has been taken, he approached this Court by filing the the writ petition.
“3. The grievance of the petitioner was that a false crime was registered against him as Crime No.15/2018 by Excise Range Office, Udumbanchola alleging commission of offences punishable under Sections 55(g) and 58 of the Kerala Abkari Act, 1077 (for short ‘the Act’), true copy of the crime and occurrence report is produced alongwith the petition on hand as Ext.P1. According to him, by registering Ext.P1, the intention of the prosecution is to prosecute him maliciously. According to him, officials had some prejudice against him and on it’s basis, a false crime was registered. 4. According to him, the officials had asked for Rs.5,000/- as bribe and he did not obey that and therefore the crime in question was registered by them. According to the learned counsel the petitioner had moved a representation before the Chief Minister, true copy of which is produced alongwith the petition on hand as Ext.P6 and true copy of the mail sent from the office of the Chief Minister to the petitioner acknowledging receipt of the representation is also produced alongwith the petition on hand as Ext.P7.
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and final report is filed before the Judicial First Class Magistrate Court, Adimali as early as on 26.07.2019. It is pertinent to note that Ext.P6 was preferred by the petitioner before the Chief Minister only on 11.05.2022, much later to the filing of the final report, before the court.
Being aggrieved, instant appeal is filed.
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the percentage of alcohol contents in the contraband seized exceeds the permissible limit.
In that view of the matter, we are not inclined to interfere with the impugned judgment. Accordingly, this writ appeal is dismissed. The appellant is at liberty to take up all the tenable defence, open to him, before the Judicial First Class Magistrate Court, Adimali.
sd/- S. MANIKUMAR, CHIEF JUSTICE.
sd/-
SHAJI P. CHALY,
JUDGE.
Rv
1 provisions across 1 enactments
Baby Mathew
State of Kerala
S. Manikumar
Shaji P. Chaly
As recorded by the court registry
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