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TMI Blog1998 (5) TMI 184X X X X Extracts X X X X X X X X Extracts X X X X ..... to as the Act ). The Excise Inspector and party conducted search of liquor shops belonging to the accused and took samples of liquor which was sent to the chemical examiner who reported that the same contained noxious and other prohibited articles which are injurious to health and hence it is alleged that they committed offence punishable under Section 57A of the Act as well. 3. The prayer in the petitions is to quash the proceedings pending before the respective courts on the ground that the Excise Inspectors are not authorized to conduct search, seizure, take samples from the arrack shops when offence alleged to have been committed is punishable under Section 57A of the Act and to file a report before the Court. 4. Setion 2(6) of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h empowers the Abkari Inspector to file a report and that too before the court which the Magistrate is empowered to try and as offence punishable under Section 57A of the Act is triable exclusively by the Court of Sessions, the Abkari Inspector is not competent to file the report in a case punishable under Section 57A of the Act. It was also pointed out that appropriate amendments have been made by the Abkari (Amendment) Ordinance, 1997 which came into force on 3-6-1997 only incorporating suitable provisions in the Act which empowers the Inspector to deal with cases punishable under Section 57A of the Act and to file report before the Court under Section 50 of the Act. 6. Section 31 of the Act is pressed into service by the Prosecutor who ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any person found in such place whom he has reason to believe to be guilty of any offence under the Act. 7. When an Abkari Inspector has reason to believe that an offence under the Act is committed, he shall forward a report to the Magistrate setting forth the name of the accused person and the nature of the offence with which he is charged and the names of the persons who appear to be acquainted with the circumstances of the case, and shall send to such Magistrate any article which may be necessary to produce before him. In such event, the Magistrate shall inquire into the offence as if the complaint had been made before him as prescribed in the Code of Criminal Procedure. The Magistrate of the First Class is empowered to take cognizance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ory in nature and the court is obliged to follow the same. If the accused is committed to the Court of Session without complying with the above provisions, it will amount to violation of the mandatory provisions contained in the Code. 9. Counsel for the petitioner placed reliance on the decisions reported in State of Kerala v. V.P. Enadeen, 1971 KLT 19, Prabhakaran v. Excise Circle Inspector, 1992 (2) KLJ 880 and Abdul Rehman v. State of Kerala, 1995 (1) KLT 234 (FB) and argued that when a particular officer is not empowered to conduct investigation and file final report under a particular statute, the complaint filed by him is not maintainable and hence liable to be quashed. Though I am in respectful agreement with the proposition laid d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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