BABU Vs. EXCISE INSPECTOR

JUDGEMENT

(1.) Petitioners are accused in C.C.No. 844/2001 on the file of the Judicial First Class Magistrate Court, Karunagappally. Offence alleged against the petitioners are under S.56(b) and 67B of the Abkari Act and R.9 and 10 of the Kerala Spirituous Preparations (Control) Rules, 1969, hereinafter referred to as 'the Act' and 'the Rules'. In the complaint it is stated that on 24-12-1998 at about 0.45 A.M. Preventive Officer attached to the Excise Circle Office, Karunagappally and party seized vehicle bearing No. KL2-C-2196 Tata 407 along with 42 bottles containing 750 Ml. Desamoolarishtam, 18 bottles containing 375 Ml. Pachakokesavam, 750 Ml. in 48 bottles and 575 Ml. in 22 bottles Panchakolasavam used for covering cardboard cases and empty bottles in 10 ceases, 11 gunny bag with 150 empty bottles in different capacity and cash Rs. 40,500/- and a case was registered against the petitioners. It is reported that final charge is filed before the court.

(2.) Learned counsel for the petitioner submits that the 4th petitioner is having licence to manufacture medical and toilet preparations containing alcohol, etc. and also a licence for possession and wholesale sale of spirituous preparation and hence question of violation of R.9 and 10 of the Rules does not arise and even if the rules are violated, the criminal court has no jurisdiction to entertain the same. Learned counsel for the petitioner relies on a decision reported in Mariamma and Another v. State of Kerala and Ors., 1998 (1) KLT 286 to support his case. In the above decision this Court held that violation of a condition in the licence or rules made under the Abkari Act by a licensee would amount to an offence under S.56(b) of the Abkari Act.

(3.) S.56(b) of the Abkari Act reads as follows :-