IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 13921 of 2010(Q)
1. THULASEEDHARAN PILLAI, AGED 52 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY SECRETARY,
... Respondent
2. THE EXCISE COMMISSIONER,
3. THE DEPUTY COMMISSIONER OF EXCISE,
4. THE EXCISE INSPECTOR, EXCISE RANGE
For Petitioner :SRI.M.G.KARTHIKEYAN
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) No.13921 of 2010
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Dated this the 22nd day of July, 2010
J U D G M E N T
Petitioner, who is the licensee of toddy shops in Group
No.V of Karunagappally Excise Range for the abkari year
2010-2011, is the 2nd accused in CR.No.66/2010 of Excise
Range, Karunagappally for offences punishable under Sections
58, 57(a) and 67B of the Abkari Act. The case of the
prosecution is that on 23.4.2010 at 10.15 AM, 150 liters of
toddy allegedly mixed with spirit was seized from the jeep
bearing registration No.KL 23/B-735 of which the 3rd accused
is the registered owner and 1st accused, the driver. Pending
this writ petition, Ext.P8 chemical analysis report has been
received by the J.F.C.M Court, Karunagappally with regard to
the eight samples drawn from the seized toddy. All the eight
samples show percentage of Ethyl Alcohol below 8.1% v/v,
which is the maximum fixed by Rule 9(2) of the Kerala Abkari
Shops Disposal Rules 2002 as amended with effect from
14.2.2007. In the light of the said report the Officer-in-Charge
of the investigation of the case shall complete the
investigation and file a final report before the J.F.C.M Court,
W.P(C) No. 13921 of 2010
: 2 :
Karunagappally expeditiously. The final report shall be filed
within three months of receipt of a copy of this judgment. The
petitioner shall not be visited with any adverse consequences
on the mere fact that the above case has been registered
against him.
V.RAMKUMAR, JUDGE
dmb