Kerala High Court Dismisses Plea Against Registration Of FIRs In Abkari Cases Without Complying Section 30 Abkari Act

The Kerala High Court has held that the Abkari Officers, can register a crime under Abkari Act, 1077, by invoking Section 154 of Criminal Procedure Code without complying the procedure under Section 30 of Abkari Act 

One Mr. K. Faizel,  had filed a writ petition before the High Court challenging the authority of Kerala State Police Chief to register a crime under the provisions of Kerala Abkari Act. He contended that to register a crime under the Act, the officer has to submit a written request before the learned jurisdictional Magistrate under Section 30 of the Act and if the averments and the documents are tenable to register a crime, the Court may take steps to arrest the person/s against whom, the allegation is levelled. He also contended that there is no provision to exercise the power under Section 30, for registering a crime against a person under the provisions of the Act, by invoking Section 154 of the Code of Criminal Procedure.

The Court noticed that a Government Order has appointed all police officers of and above the rank of Sub Inspector of Police in-charge of law and order and working in the General executive branch of the Police Department and all Revenue Officers of and above the rank of Deputy Collectors as Abkari Officers under their respective jurisdiction for the purposes of Sections 31, 32, 33, 34, 35, 38, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53 and 59 of the Act are appointed as Abkari Officers. Regarding his contention relying on Section 30, the bench  comprising the Chief Justice S. Manikumar and Justice Shaji P. Chaly observed:

"Such a contention is wholly fallacious and misconceived for the reason that Section 30 of the Act, does not speak of the arrest of a person alleged to have committed offences under the Act. The section only states as to when the Commissioner of Excise or any Magistrate can issue a search warrant. Section 30A of the Act has been introduced with effect from 07.12.2009, empowering the Abkari Officers to exercise the same powers of investigation which the police officers have under the Code of Criminal Procedure, 1973, meaning thereby that the the Abkari Officers under the Act can also exercise the same powers of investigation as that of police officers, under the Code of Criminal Procedure."

Case: K. FAIZEL vs. KERALA STATE POLICE CHIEF [WP(C).No. 20480 OF 2020]

Coram: Chief Justice S. Manikumar and Justice Shaji P. Chaly 

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