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Cri. M. C. No. 1475 of 2006. Case: Unni alias Jayakumar Vs State of Kerala. Kerala CEGAT & CESTAT High Court

Judgment Cited in Precedent Map Related
Case NumberCri. M. C. No. 1475 of 2006
CounselFor Petitioner: R. T. Pradeep, V. Vijulal and T. A. Prasanth, Advs. and For Respondents: K. Harilal, P. P.
JudgesK. P. Balachandran, J.
IssueKerala Abkari Act (1 of 1077) - Section 33(2)
Citation2006 CriLJ 3887
Judgement DateFriday June 16, 2006
CourtKerala CEGAT & CESTAT High Court

Order:

  1. Petitioner is the 2nd accused in Crime No. 7/2003 of Thirupuram Excise Range. Theoffence alleged as against him is an offence under Section 33(2) of the Abkari Act. The allegation against him is that when an attempt was made to effect arrest and to register a case as against A1 for offence under Sections 8 (i) and 8(ii) of the Abkari Act, obstruction was caused by the petitioner thereto and thereby he has committed an offence punishable under Section 33 (2) of the Act.

  2. Petitioner seeks for an order quashing Annexure-II final report on the ground that Section 33 (2) of the Abkari Act is not a punitive section nor does it prescribe any duty on the part of a citizen not to obstruct the Excise Officer, when only Section 33 (2) read with Section 63 of the Abkari Act will be an offence punishable under Section 63 of the Act.

  3. It is worthy to note that Section 63 prescribes punishment for offences not otherwise provided for. The section is extracted below for easy reference.

    "63. For offences not otherwise provided for: whoever is guilty of any act or...

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