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The man was prosecuted under section 294 (b) of IPC and section 15 (c) of the Kerala Abkari Act by the Judicial First Class Magistrate Court- I, Vaikom. The former section is related to the obscene words used in public and latter section prohibits consumption of liquor in public place.
The background of the case was the petitioner was found consuming liquor at the side of the road, at 9:50 pm on 2nd July and when the sub inspector questioned him, the petitioner replied in a very rude manner and even used bad words. Therefore sub inspector arrested the petitioner and conducted Alcometer test. The petitioner was also taken to the hospital, where he was examined by the doctors.
Court observations
Justice Ubaid concluded that the prosecution will have to prove that the accused was consuming liquor at a public place, and that the liquid seized by the police is liquor. When there is no proof of the liquid was liquor, the prosecution in that case will be an abuse of legal process. On the basis of available material if prosecution proceeds, then it will be acomplete waste of time. Therefore the prosecution is liable to be quashed.
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