BHAGEERATHAN K.K. Vs. STATE OF KERALA

JUDGEMENT

(1.) These criminal revision petitions have been filed invoking Ss. 397 and 407 of the Code of Criminal Procedure challenging the orders dtd. 16/8/2023 passed by the Judicial First Class Magistrate's Court-I, Palakkad in CMP Nos.3372, 3373 and 3374 of 2023.

(2.) The petitioners are accused of committing offences under Ss. 57(a) and 56(b) of the Abkari Act. By the impugned orders, the Judicial First Class Magistrate's Court-I, Palakkad has rejected the request of the petitioners to send the second sample of toddy which is marked as 'B' taken from the Toddy Shops concerned.

(3.) The petitioners state that the impugned orders dismissing the applications of the petitioners for sending the second sample for analysis go against the law laid down by this Court in Girish Kumar v. State of Kerala [2010 (2) KLJ 444] and Sasidharan and another v. State of Kerala [2013 (3) KHC 402].