PAULOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') for quashing the case registered against the petitioners as C.R.No.9/2017 of the Kothamangalam Excise Range under Sections 56(b) and 57(a) of the Abkari Act, 1077.

(2.) The petitioners are the first and the second accused in the aforesaid case. On 24.02.2010, the Preventive Officer of Kothamangalam Excise Range took samples of toddy from the toddy shop T.S.No.15 of Group No.IV of Kothamangalam Excise Range as per Rule 8 of the Kerala Abkari Shops Disposal Rules, 2002 (hereinafter referred to as 'the Rules'). One of the samples was sent for chemical analysis by the Excise Inspector concerned. The certificate of chemical analysis received in respect of the sample revealed that it contained 8.23% by volume of ethyl alcohol. The first petitioner was the salesman and the second petitioner was the licensee of the toddy shop at the relevant time. Since the strength of alcohol in the toddy was found in excess of the limit prescribed, a case was registered against the petitioners as Crime No.9/2017 of the Kothamangalam Excise Range under Sections 56(b) and 57(a) of the Abkari Act.

(3.) The petitioners have alleged that the case was registered against them in violation of the mandatory provisions of the Rules and on that ground, they have prayed for quashing the same.