CIRCLE INSPECTOR Vs. PRASAD

JUDGEMENT

(1.) The petitions are filed by the Circle Inspector of Excise, Chittoor Range to quash the orders passed in Crl. M. Ps. 590/2000, 607/2000 and 589 of 2000 respectively in Crime No. 11/2000 of Chittoor Excise Range of the Court of Session, Palakkad and arrest the accused persons and commit them into custody. The respondent in Crl. M. C. No. 2504 of 2000 is the 16th accused, respondents in Crl. M. C. No. 2517 of 2000 are accused Nos. 6 to 15 and respondents in Crl. M. C. No. 2518 are accused Nos. 1 to 5 in Crime No. 11 of 2000 of Chittoor Exchange Range.

(2.) The offences levelled against the respective respondents are punishable under S.55(a), 56, 57, 56(A) of the Abkari Act I of 1077.

(3.) The allegation against the accused persons is that they were found engaged in manufacturing artificial toddy in Building Nos. XI/174 and XI/175 of Nallappally Panchayat. On getting secret information regarding the manufacture of artificial toddy in the said buildings the Excise Inspector, Excise Enforcement and Anti Narcotic Special Squad, Thrissur and the police party under the Supervision of the Additional Superintendent of Police, Palakkad made a surprise raid at about 5 A.M. at the toddy depot on 6.5.2000 and seized 26,170 litres of artificial toddy, 5 kgs. of paste like chemical substance and 50 kgs. of sugar which were kept for manufacturing artificial toddy. The contraband articles were seized under a mahazar. The artificial toddy has been stored in the depot as well as packed in crates laden with vehicles. Besides the above said vehicles the petitioner and other officials have seized 7 Mini Lorries, 2 Mahindra Jeeps and 1 Mahindra pick up van. Six pump sets were seen at the spot which were used for delivering, stirring and mixing water and other ingredients of the artificial toddy. The vehicles were produced before the Assistant Excise Commissioner, Palakkad for initiating confiscation proceedings under S.67B of the Act. Accused Nos. 1 to 5 who were engaged in the manufacture of artificial toddy were arrested from the spot itself. Accused Nos. 6 to 15 are the licensees of toddy shop Nos. 1 to 90 for the year 2000-2001 of Chittoor Excise Range. The 16th accused is doing the above business with the active participation and cooperation of accused Nos. 6 to 15. He is the real owner who conducts the shops by proxy with the assistance and cooperation of other accused.