STATE OF KERALA Vs. VEEVI AMMAL

JUDGEMENT

(1.) The State has filed this appeal against the order passed by the District Magistrate of Alleppey setting aside the order of the Sub Magistrate of Mavelikara forfeiting the bond of the respondents under S.514, Cr. P.C.

(2.) The first respondent was an accused in an. Abkari case charged by the Excise Range Inspector, Mavelikara. He had executed a bail bond with the second accused as the surety to appear before the Inspector on an appointed day. They did not appear and as the Inspector was satisfied that proceedings should be taken against them he made a report to the Sub Magistrate for action under S.39 of the Travancore Abkari Regulation IV of 1073. S.39 is in the following terms:

(3.) There is a similar provision in S.43 of the Madras Abkari Act I of 1886 which corresponds to S.41 of the Madras Prohibition Act and S.49 of the Kerala Prohibition Act. All these sections are specifically introduced to meet a case of a person executing a bond before prohibition officers and failure to appear before him.