THILAKAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are the first and the second accused in the case registered as C.R.No.64/2019 of the Kollam Excise Range for the offences punishable under Sections 57A and 56(b) of the Abkari Act, 1077.

(2.) On 28.12.2018, samples of toddy were collected by the Preventive Officer of Kollam Excise Range from toddy shop No.40/2018-19. The first sample was sent for chemical analysis. The result of the chemical analysis was that the first sample contained cannabinoids (narcotic substances). 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.

(3.) The first petitioner filed application in the Magistrate's Court concerned for sending the second sample for analysis. The aforesaid application was allowed and the second sample was sent for chemical examination through the court. The report of chemical examination done in respect of the second sample (Annexure-A6) shows that it was free from any noxious ingredients injurious to health.