SUNIL K Vs. STATE OF KERALA

JUDGEMENT

(1.) In this batch of Original Petitions the petitioners, licensees of FL-1 and FL-3 shops and/or their employees challenge the amendment to Rule 2 of the Foreign Liquor Rules introduced as per SRO No. 225/1998 Published in the Kerala Gazette dated 5.3.1998 in substitution of the then exist provision introduced on 29.3.1996 as per SRO 326/1996 and published in the Gazette on the same day. The amendment introduced as per SRO 326/1996 as well is also challenged.

(2.) Rule 2 of Foreign Liquor Rules originally issued on 17.1.1953 reads as follows:

(3.) The petitioners, impugning these provisions contend that bulk quantity of Indian made foreign liquor sold in this State is brought from outside the State. They are bound by the standard insisted by ISI as revealed in Exts.P1,P2 and similar standards in respect of different types of Indian made foreign liquor. This specification was suggested by ISI on a scientific basis. With regard to the requirement of alcohol content Ext. P1 provides, concerning brandies, that