LAWS(KER)-2020-12-209

SHAJI SHEKHAR Vs. EXCISE COMMISSIONER

Decided On December 21, 2020
Shaji Shekhar Appellant
V/S
EXCISE COMMISSIONER Respondents

JUDGEMENT

(1.) The petitioner states that he is a licensed dealer of spiritous preparations and he has been issued with Exhibit P1 Retail License for sale of spiritous preparations at his shop situated at Kunnicode Junction, Kollam.

(2.) On 3.5.2020, based on source information, the petitioner and his father were apprehended while they were travelling on a bike and certain spiritous preparations were allegedly seized from their possession. Later, allegedly based on information furnished by them, search was conducted inside a car owned by the petitioner and parked in a workshop, and some other quantities of Ayurvedic preparations were seized by the Excise Inspector, Adoor.

(3.) CR No.118 of 2020 was registered under Section 58A and 67B of the Abkari Act on the allegation that the petitioner possessed and sold the preparation with knowledge that it is intended to serve as a substitute for alcohol or intoxicating drug. The petitioner and his father were arrested and the vehicles were seized. The contraband articles were seized from their possession. Later they were served with Exhibit P5 order of the 1st respondent informing them that the license issued to the petitioner stands cancelled for getting involved in CR No.118 of 2020.