SUBRAMANIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) A seminal question relating to the scope and purport of Rule 8(2)(g) of the Kerala Abkari Shops Disposal Rules, 2002 arises for consideration in this batch of cases.

(2.) Petitioners in all these cases are facing prosecution for the offence allegedly committed under the Abkari Act, 1077 (for short 'the Act'). Though facts are not wholly relevant for disposing of these cases, for the purpose of reference, facts in Crl. M.C. No. 5180/2021 are mentioned below. The second petitioner is the licensee of toddy shop No. 12 of Thodupuzha Excise Range. On 25/11/2020, samples of toddy were taken from the toddy shop and on chemical analysis it was found to contain cannabinoids as per the chemical analysis report dtd. 28/7/2021 issued by the Assistant Chemical Examiner to the Government of Kerala. Cannabinoids which is ganja, is not a permitted substance in toddy. Hence a crime was registered as Crime No. 69/2021 of Thodupuzha Excise Range alleging offence under Sec. 57(a) of the Act, which is sought to be quashed under Sec. 482 Cr.P.C.

(3.) Petitioners are aggrieved by the procedure adopted while sending the sample of toddy for chemical analysis, which according to them, was done in violation of the mandatory procedure prescribed under Rule 8(2)(g) of the Kerala Abkari Shops Disposal Rules, 2002 (for brevity 'the Rules'). Petitioners allege that instead of sending the sample of preservative used separately, along with each sample of toddy for analysis, the Abkari Officers had sent only one sample of preservative used for a batch of toddy seized from different toddy shops.