Kerala High Court Directs Home Secy To Take Action On Representation Seeking Enquiry By External Agency Over Liquor Party At MLA PV Anwer's Club

The representation was filed seeking a proper enquiry by an external agency into allegations of liquor storage and sale contrary to the Abkari Act provisions in a building called, Joy Mathew Club in Aluva owned by MLA P V Anwer. It was alleged that no crime was registered against Anwer under the Abkari Act by the Excise Department due to his political influence.

While disposing of the petition, Justice K Babu stated thus: “Having considered the submissions on both sides, respondent No.2(Secretary, Home Department) is directed to consider Ext.P3 (representation) 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.”

The plea stated that the Excise Department conducted a search and seized 19 litres of Indian Made Foreign Liquor and 6.5 litres of beer from the building owned by Anwer during a DJ party held in December 2018. The Excise Department conducted an enquiry and registered a case alleging offences punishable under Sections 55(a) and 55(i) of the Abkari Act for storing and selling liquor in violation of law against some persons, excluding Anwer from the party array. 

The petitioner alleged that even though Anwer was the custodian and owner of the building, no crime was registered against him for permitting to store and sell liquor against the provisions of the Abkari Act. The plea stated that Anwer should have been made liable under Section 64A of the Abkari Act for allowing his building to be used for storing and selling liquor. It was argued that the building owned by Anwer could not have been used for illegal activities without his knowledge.

The plea also alleged that the officials of the Excise Department did not register the crime and an investigation was not conducted against Anwer due to his political and economic high-handedness. The petitioner thus filed a representation before the Secretary seeking a proper enquiry into the involvement of Anwer by an external agency. 

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

Counsel for Respondents: Public Prosecutor G Sudheer

Citation: 2024 LiveLaw (Ker) 238

Case title: Shaji K v State of Kerala

Case number: WP (Crl) 358/2024

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