SANEESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioners are the accused in two different cases registered by the Abkari Officer for an offence punishable under Section 57(a) of the Abkari Act, 1077.

(2.) The common question that arises for consideration in these revision petitions is, whether an accused in a case registered under Section 57(a) of the Abkari Act for adulteration of toddy, is entitled to get the second sample of toddy sent for chemical analysis and if so, at what stage of the case, he can exercise that right.

(3.) In both cases under consideration here, the excise officials took two samples of toddy from the toddy shops conducted by the petitioners. The first sample was sent by the excise officials for chemical analysis. The result of the chemical analysis was that the first sample contained adulterant in it. On the basis of such positive report, cases were registered against the petitioners under Section 57(a) of the Abkari Act.