ANI Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is filed by accused Nos.1 and 2 in C.C No.615/2020, pending on the files of Additional Chief Judicial Magistrate Court (Economic Offences), Ernakulam.

(2.) The case of the prosecution was that sample of toddy was taken from toddy shop No.3 and was found to contain starch and for the violations Annexure-C final report was filed chargesheeting the petitioner for offences punishable under Sections 57(aa) and 56(b) of the Abkari Act (for short, 'the Act').

(3.) The grievance of the petitioners was that Sec. 57(aa) was introduced into the Act in the year 2018 and prior to the introduction only a general provision as 56(b) was available and punishment for violation of conditions of licence or permit was provided for thereunder. According to the learned counsel, with the introduction of Section 57(aa) in the year 2018, adding of starch into the toddy in particular was made an offence and the punishment for that was also provided thereunder.