Kerala HC Directs Home Department To Consider Representation Submitted By A Social Worker Regarding Investigation Into Liquor Seizure Case

Update: 2024-04-12 05:15 GMT

The Kerala High Court directed the Excise Department to consider the representation submitted by a social worker regarding the investigation into a case of alcohol seizure under the Abkari Act.

Following a search conducted by the excise office, a total of 19 litres of Indian Made Foreign Liquor and 6.5 litres of beer were seized from a building, leading to the registration of a criminal case by the Excise Department alleging offences punishable under Sections 55(a) and 55(i) of the Abkari Act.

A Single Bench of Justice K. Babu observed, “Having considered the submissions on both sides, respondent No.2 is directed to consider Ext.P3 and take appropriate decision within a period of four weeks from the date of production of a certified copy of this judgment. The petitioner is given the liberty to approach this Court in respect of the subject matter, if he is advised so.

Advocate C.M. Mohammed Iquabal represented the petitioner, while PP G. Sudheer appeared for the respondents.

Subsequently, the petitioner, a social worker, filed a petition before the High Court seeking direction for the Excise Department to conduct a proper investigation into the offence punishable under Section 64A of the Abkari Act.

The petitioner contended that the owner and custodian of the building violated the provisions of the Abkari Act by allowing the storage and sale of liquor on the premises. It was alleged that the Excise official conducting the investigation omitted the owner and custodian from the array of accused due to political influence.

Accordingly, the High Court disposed of the petition.

Cause Title: Shaji K. V. v. State Of Kerala & Ors. (Neutral Citation: 2024:KER:27186)

Appearance:

Petitioner: Advocates C.M. Mohammed Iquabal, P. Abdul Nishad, Raihanath T.H., Istinaf Abdullah, Muhammed Ameen and Angel Mary George

Respondents: PP G. Sudheer

Click here to read/download the Judgment



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