Loading...

Vasanthakumari vs State Of Kerala on 1 December, 2006

Kerala High Court
Vasanthakumari vs State Of Kerala on 1 December, 2006
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 1202 of 2004(A)


1. VASANTHAKUMARI, D/O. KUNJU PILLA. K.,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.V.N.ACHUTHA KURUP (SR.)

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :01/12/2006

 O R D E R
                                       R.BASANT, J

                                   ----------------------

                Crl.M.C.Nos.1202 of 2004 and 1203 of 2004

                 -----------------------------------------------------------------

                  Dated this the 1st day of December   2006


                                         O R D E R

The petitioner is the second accused in two identical

prosecutions initiated by the respondent through its excise officials

under Section 57(a) of the Kerala Abkari Act. The petitioner is the

licensee in respect of toddy shops No.14 and 15 of Pathanapuram

Excise Range. On 03/01/2001, at different points of time, the excise

officials went to shops 14 and 15 of which the petitioner is the

licensee and drew samples of toddy, which was kept for sale. Samples

of toddy collected were sent to the chemical examiner and the

chemical examiner submitted reports, which showed that the toddy

samples contained 8.69% and 9.79% of ethyl alcohol.

2. Crime was registered and final report was filed on these

precise allegations. The learned counsel for the petitioner submits

that even if the entire allegations were accepted, no offence under

Section 57(a) of the Kerala Abkari Act will be revealed in as much as

presence of ethyl alcohol in toddy is perfectly justified and there is no

upper limit of the ethyl alcohol prescribed under any of the relevant

rules at the relevant point of time. Rule 9 of the Kerala Abkari Shops

Disposal Rules 2002 was not in force at the relevant time and there

was no specific embargo against the upper limit of ethyl alcohol which

Crl.M.C.No.1202/04 & 1203/04 2

could be found to be present in the toddy offered for sale. In as much

as ethyl alcohol cannot be said to be a foreign substance in toddy,

Section 57(a) cannot have any application, it is contended. The

learned counsel for the petitioner points out that paragraph 6(a)

Chapter 5 volume 2 of the Kerala Excise Manual suggests that in

fermented liquor like toddy, presence of ethyl alcohol upto 12% is

perfectly legal. In these circumstances, the learned counsel for the

petitioner submits that in any view of the matter, these prosecutions

are liable to be quashed in as much as the allegations raised even if

accepted in toto, do not reveal any culpable offence.

3. The learned counsel for the petitioner was requested to

take instructions. The learned Public Prosecutor, after taking

instructions, concedes that at the relevant point of time, there was no

stipulation of law which prescribed that presence of ethyl alcohol in

toddy to an extent of 8.69% and 9.79% is an offence. There is no

allegation that the alcohol found present was not self generated or

was added to toddy. The learned Public Prosecutor does not make

any attempt to support the charge.

4. It follows from the above discussions that the petitioner

does not deserve to stand in trauma of these prosecutions any further.

Crl.M.C.No.1202/04 & 1203/04 3

5. These Crl.M.Cs are in these circumstances allowed. All

further proceedings in pursuance of crime Nos.43/01 and 44/01 of

Pathanapuram excise range against the petitioner are hereby

quashed.

(R.BASANT, JUDGE)

jsr

Crl.M.C.No.1202/04 & 1203/04 4

R.BASANT, J

C.R.R.P.No.

ORDER

21ST DAY OF JULY 2006

Leave a Comment

Your email address will not be published. Required fields are marked *

* Copy This Password *

* Type Or Paste Password Here *

Cookies help us deliver our services. By using our services, you agree to our use of cookies. More Information