Decided on August 01,2003

V.BINDU Appellant


Denesan, J. - (1.) Petitioner in W.P. (Crl.) No. 23/03 is the wife of one Sunil Kumar @ China Sunil, who is accused No. 3 in Crime No. 116 of 2003 of Nemam Police Station. Petitioner in W.P. (Crl.). No. 29/03 is the wife of one Babu who is accused No. 4 in the above crime case. The main offence alleged against the accused is under Section 55(a) of the Kerala Abkari Act (hereinafter referred to as the Act ).
(2.) According to the petitioners accused Nos. 3 and 4 were arrested from their houses on 29-5-2003 by the police and were taken to the office of the 1st respondent who is authorized to detect and investigate offences punishable under the Act.
(3.) The prosecution case, based on materials now available on record and the investigation so far conducted appears to be the following: F.I.R. in Crime No. 116 of 2003 of Nemam Police Station was registered on 9-4-2003 in respect of an offence alleged to have been detected on 8-4-2003 at about 8.15 p.m. The place of occurrence is a room on the backside of building No. T.C. 51/136 and adjacent premises within the limits of Nemam Police Station. In a search conducted by the police party as directed by the Commissioner of police, Thiruvananthapuram City at about 8.45 p.m., 17010 liters of rectified spirit contained in plastic cans were seized form the said room and tow motor cars found parked in that compound. Police could not arrest anybody during the raid and search. What is stated in Ext. P1 FIR is that the police party found two persons running away from the nearby place. The principal accused in the said crime is alleged to be one Sudhi. Against the column for filling up the details of the accused in Ext. P1 what is written is Sudhi and others .( ) It is seen from the writ petition that the aforesaid Sudhi appeared before the Judicial First Class Magistrate-I, Neyyattinkara on 22-4-2003 and he was remanded to judicial custody. After registering Crime No. 116 of 2003, the 1st respondent who is in charge of the investigation of the case submitted a report before the Judicial First Class Magistrate-1, Neyyattankara, showing the names and address of two persons including the aforesaid Sudhi against whom investigation had already commenced. Ext. P3 report says that further investigation revealed that the detenues, namely Sunil Kumar @ China Sunil and Babu @ Babuji were also involved in the commission of the crime and therefore investigation is continued against them also arraying them as accused Nos. 3and 4. Ext. P3 was submitted before the Magistrate Court on 30-5-2003. On the same day the 1st respondent submitted Ext. P4 remand report before the court of the Judicial Magistrate of First Class-I, Neyyattinkara praying for remanding accused No. 3 and 4 to judicial custody for a period of 15 days in order to enable the police to conduct investigation into the crime.;

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