UNNI Vs. STATE OF KERALA

JUDGEMENT

(1.) BACCHUS, if he were alive today, might have relished and enjoyed a goblet of toddy from the God's own country. But the short question that has come up for consideration in this Original Petition would have definitely rattled and bamboozled BACCHUS.

(2.) THE question : Is the licensee of a toddy shop liable to be prosecuted under S. 57 (a) of the Kerala Abkari Act (for short 'the Act')if the toddy kept for sale in the shop is found to have contained alcohol in excess of the permissible limit of 8. 1 % v/v?

(3.) R. 9 (2) of the Kerala Abkari Shops (Disposal in Auction)Rules, 2002 (for short the Rules) which is relevant for the purpose of this case reads as follows: "9 (2) : No toddy other than that drawn from the coconut, palmyrah or choondappana palms shall be sold by the licencees. All toddy kept or offered for sale should be of good quality and unadulterated. Nothing shall be added to it to increase its intoxicating power or for any other purpose. The ethyl alcohol content of toddy kept or offered for sale drawn from coconut, palmyrah and choondappana palms should not exceed 8. 1% v/v, 5. 2% v/v and 5. 9% v/v respectively. " It can be seen from sub-r. (2) of R. 9 of the Rules that the ethyl alcohol content of toddy drawn from coconut tree should not exceed 8. 1% v/v. Ext. P1 report of Chemical Analysis shows that the sample taken from the premises of the toddy shop of the petitioners contained 9. 5% v/v of ethyl alcohol. It is apparent that the ethyl alcohol content permissible for toddy drawn from coconut tree having exceeded the permissible limit of 8. 1 % v/v, the petitioners have violated one of the 'special conditions applicable to licencees for the privilege of vending toddy in independent shops" as provided under Chap. VIII of the Rules.