MATHEW FRANCO Vs. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR
LAWS(KER)-2017-7-161
HIGH COURT OF KERALA
Decided on July 11,2017

Mathew Franco Appellant
VERSUS
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR Respondents

JUDGEMENT

B. Sudheendra Kumar, J. - (1.) The petitioners are accused Nos. 4 and 5 in Crime No. 45 of 1999 of Sakthikulangara Police Station registered for the offence under Section 55 (a) of the Abkari Act. The above case is presently pending as S.C. No. 464 of 2007 on the files of the court below.
(2.) The prosecution allegation can be briefly stated thus:- The petitioners are the joint licensees of toddy shop No. 3 of Kollam Excise Range. When the 2nd respondent searched the above said toddy shop on 17-12-1999 at 6 p.m., 46 packets of illicit arrack were found in the said shop. The accused persons , who were present in the toddy shop, were arrested from the spot by the first respondent. The contraband articles were also seized by him as per a mahazar. After completing the investigation, the final report was filed before the Court by the Detective Inspector of Police, Crime Branch CID, Narcotic and Economic Offences Cell, Thiruvananthapuram.
(3.) This Crl.M.C. has been filed praying for quashing the final report and further proceedings against the petitioners in the above said case.;


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