VIJAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are the first and the second accused in the case registered as C.R.No.15/2014 of the Muvattupuzha Excise Range for the offences punishable under Sections 56(b) and 57(a) of the Abkari Act, 1077.

(2.) On 15.01.2014, samples of toddy were collected by the Assistant Excise Inspector of Muvattupuzha Excise Range from toddy shop No.61/2013-14. The first sample (sample A) was sent for chemical analysis. Annexure-A report of chemical analysis showed that the first sample contained 8.60% by volume of ethyl alcohol. On the basis of that report, the case was registered against the first petitioner, who was the salesman of the toddy shop and the second petitioner, who was the licensee of the toddy shop, on the ground that the ethyl alcohol content of the toddy, which was kept for sale, was in excess of the prescribed limit.

(3.) On the basis of the application filed by the petitioners, the second sample (sample B) was sent for chemical examination from the Magistrate's Court concerned. Annexure-C report of chemical examination in respect of the second sample shows that the sample contained 7.72% by volume of ethyl alcohol.