(1.) Whether the accused persons facing trial under Secs.56(b) and 57(a) of the Abkari Act (Act 1 of 1077) are entitled to get 'B' sample of toddy collected by an Abkari Officer under Rule 8 SubRule(2) of Kerala Abkari Shops of Disposal Rules, 2002 forwarded for examination to Chemical Examiner's Laboratory and get a report for trial and disposal of the case is the question under reference.
(2.) In Girish Kumar and another v. State of Kerala,2010 3 KHC 171, Joshy George v. State of Kerala,2011 4 KHC 818, Rajappan and Another v. State of Kerala,2012 2 KHC 657, Harikrishnan R. v. State of Kerala,2016 4 KHC 57, Santhosh and Another v. State of Kerala,2020 1 KHC 480 and Saneesh v. State of Kerala , 2020 1 KerLT 289 this court more or less took the view that the accused has got a right to get the second sample analyzed though there is no specific provision in the Kerala Abkari Shops Disposal Rules,2002 (hereinafter be called as "the Rules ).
(3.) Whereas in Santhosh T.A. and another v. State of Kerala,2017 5 KHC 107 another learned single Judge, took a divergent view based upon Thana Singh v. Central Bureau of Narcotics , 2013 2 SCC 590) that the declaration made by the Apex Court in relation to cases registered under the NDPS Act is applicable to cases under the Abkari Act also. Hence, even if a second sample is available it cannot be sent for examination at the request of the accused merely for the reason that the 1st report is not favourable to him.
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