The petitioners herein are the two accused in C.C No.412 of 2014 of the Judicial First Class Magistrate Court-II, Mananthavady. The Excise Inspector of Kalpetta brought the said prosecution on the allegation that starch was detected on analysis of the toddy sample collected from the accused. Prosecution was initiated under Sections 57 (a) and 56 (b) of the Kerala Abkari Act. Pending the prosecution, the second sample collected by the Excise Inspector was forwarded for analysis at the instance of the accused. Now there is report of analysis that on analysis the second sample was found not containing any quantity of starch. The petitioners seek orders quashing the prosecution on the ground that in view of the report of second analysis, the prosecution cannot proceed. 2. On hearing both sides, I find that this prosecution cannot proceed and cannot be sustained because the second sample collected by the Excise Crl.M.C No.4773 of 2014 2 Inspector was found not containing any quantity of starch on analysis. The very object of collecting a second sample is to have it analysed. The accused will get the benefit of report of analysis. Now it stands proved that the sample of toddy collected from the accused was found not containing starch on analysis and on this ground the prosecution can be quashed.
In the result, this petition is allowed. The prosecution against the petitioners in C.C No.412 of 2014 of the Judicial First Class Magistrate Court-II, will stand quashed under Section 482 of the Code of Criminal Procedure, and the petitioners will stand released from prosecution. The bail bond, if any, executed by the petitioners will stand discharged.
ma /True copy/ Sd/- P.UBAID JUDGE P.S to Judge