JOSEPH JOSEPH ALIAS REJI Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner was a licencee of Toddy shop No:5/10-11 of Konni Range in Pathanamthitta district for the Abkari year 2010- 2011. On 24-6-2010, the fourth respondent and party conducted an inspection of his toddy shop and seized 515 litres of toddy, a Mahindra pick up van, large number of utensils used for production of artificial toddy and a crime was registered against him. The same is crime No: 54/2010 of Konni range and has been registered under Sections 55(a), 57(a) and 67B of the Kerala Abkari Act.

(2.) ACCORDING to the petitioner, Ext.P5 chemical analysis report has found the volume of Ethyl alcohol in the samples that were analysed does not exceed 8.1%. For the above reason, it is contended that the prosecution against the petitioner on the provisions of law noted above is not maintainable. Adv. Sunil Jacob Jose who appears for the petitioner also placed reliance on Ext.P7 judgment of this Court to point out that in an identical situation this Court had quashed the criminal proceedings. Therefore, the petitioner seeks the issue of appropriate orders quashing Ext.P2.

(3.) HAVING heard the rival contentions advanced before me, I am satisfied that the petitioner is entitled to succeed. It has been held in Ext.P7 judgment that where the chemical examination finds the volume of alcohol to be 8.1%, no prosecution for offences under Sections 55(a) and 57(a) is maintainable. In view of the above dictum, Ext.P2 is liable to be quashed.