THE EXCISE COMMISSIONER, THIRUVANANTHAPURAM AND ORS. Vs. DEVIDASAN

JUDGEMENT

(1.) The question that arises for consideration in this Writ Appeal is whether the obtaining of a Report of Chemical Analysis is a pre-condition for registering a crime under the Abkari Act and for suspension of an Abkari licence.

(2.) The State is in appeal before us challenging the judgment dated 16.02.2015 of the learned Single Judge in W.P.(C) No.3511 of 2015. The respondent herein had filed the said writ petition challenging Ext.P3 order of the Excise Commissioner (1st appellant) suspending his licence and seeking the issue of directions permitting him to conduct the Toddy Shops in group No.VI of Karthikappally Excise Range despite Ext.P2 Crime and Occurrence Report and the registration of a crime, apart from other ancillary reliefs. The writ petition has been allowed by the learned Single Judge holding that suspension of the respondent's licence was unsustainable for the reason that the same was issued without obtaining a Chemical Analysis Report.

(3.) The respondent was the licensee of the toddy shops in Group No.VI of Karthikappally Excise Range for the year 2015.