IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 13813 of 2010(Q)
1. BIJU JOSEPH, AGED 39 YEARS,
... Petitioner
Vs
1. THE EXCISE INSPECTOR,EXCISE RANGE OFFICE
... Respondent
2. THE DEPUTY COMMISSIONER OF EXCISE,
3. THE EXCISE COMMISSIONER,
4. STATE OF KERALA,
For Petitioner :SRI.C.C.THOMAS (SR.)
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :22/07/2010
O R D E R
V.RAMKUMAR, J.
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W.P(C) Nos. 13813, 13922 and 14299 of 2010
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Dated this the 22nd day of July, 2010
J U D G M E N T
Petitioners, are licensees of toddy shops. They are
accused in three different crimes. The petitioners in W.P(C)
No.14299/2010 are the salesman and licensee respectively of
Group No.IV of Kottarakkara Excise Range. The crime which
is registered against the petitioners is CR.No.39/2010 of
Kottarakara Excise Range of the 4th respondent for offences
punishable under Sections 57(a) and 56(b) of the Abkari Act.
The case of the prosecution is that the toddy seized from one
of the toddy shops was adulterated. The samples drawn from
the toddy seized have been forwarded to the chemical
examiner for analysis to find out the percentage of ethyl
alcohol in those samples. Reports are awaited.
2. The petitioner in W.P(C) No.13813/2010 is a
licensee of Group No.III of Sasthamcotta Excise Range in
Kollam Range. The occurrence took place on 22.4.2010 at 9.55
AM, when the 1st respondent and his excise parties inspected
toddy shop No.7 included in the said group and seized 58.8
liters of toddy suspected to be mixed with spirit. This resulted
W.P(C) Nos. 13813, 13922 and 14299 of 2010
: 2 :
in CR.No.59/2010 for offences punishable under Sections 57
(a) and 56(b) of the Abkari Act. The samples drawn from the
bulk quantity have been forwarded to the chemical examiner
for analysis and the certificates of analysis are yet to be
received by the committal Magistrate.
3. The petitioner in W.P(C) No.13922/2010 is the
licensee of toddy shop in Group No.IV of Adoor Excise Range.
On 15.4.2010 the 4th respondent seized 715 liters of toddy
allegedly mixed with spirit from a pick up van bearing
Registration No.KL-26-4222 and registered Crime
CR.No.466/2010 for an offence punishable under Section 57
(A) of the Abkari Act. The samples drawn from the bulk
quantity have been forwarded to the chemical examiner for
analysis. The results are awaited.
4. The request of the petitioners is to quash the above
crimes and occurrence reports and all further proceedings in
the above cases. The said request cannot be acceded to at this
stage of the proceedings. As and when the reports of the
chemical analysis are received before the Magistrate
concerned, the Officer-in-Charge of the investigation of the
W.P(C) Nos. 13813, 13922 and 14299 of 2010
: 3 :
above crimes shall complete the investigation and file a final
report before the Magistrate expeditiously and in accordance
with the result of the chemical analysis. In case the
petitioners are charge sheeted by the investigating officer
concerned, the petitioners can assail the same in appropriate
proceedings if grounds exist to do so. Reserving the above
right of the petitioners, these writ petitions are disposed of.
V.RAMKUMAR, JUDGE
dmb