PRADEEPKUMAR P.P. Vs. EXCISE COMMISSIONER AND ORS.

JUDGEMENT

(1.) The petitioner had been given the privilege to vend toddy at shops in Group No. III of Vadakara Range. When he had been carrying on the business with a renewed licence for the year 2014-2015, a crime No. 125 of 2014 of Vadakara Excise Range came to be registered against the petitioner under Section 57(a) of the Kerala Abkari Act. Apart from sample A getting tested positive, in course of time, sample B also tested to be positive. Under those circumstances, the first respondent issued Ext. P4 proceedings dated 23/07/2014 suspending the licence. Later, the same authority issued Ext. P5 proceedings dated 08/10/2014 cancelling the petitioner's licence for the abkari year 2014 -2015. Aggrieved thereby, the petitioner has filed the present writ petition.

(2.) The learned counsel has submitted that in the chemical analysis, it came to light that there was a very minimal quantity of starch found in the toddy collected as sample from the petitioner's shop. The first contention raised by the petitioner is that the substance 'starch', assuming it to have been found in the toddy, is not a noxious substance. He has further contended that since the purpose of adding starch is to increase the quantity or volume of toddy with a view to making pecuniary gain, 1.587 grams of starch per litre of the sample cannot be said, contends the learned counsel, to be any gross adulteration of the substance with a view to increasing the volume of toddy. He has drawn my attention to Ext. P3, the Chemical Analysis report in respect of Sample A, wherein the chemical examiner has observed that all the samples were found to be free from noxious ingredients injurious to health.

(3.) It is the specific contention of the learned counsel for the petitioner that once it is held that the substance is not noxious and that it could have been added allegedly for the purpose of increasing the volume of the toddy, it is imperative that the authorities ought to have conducted a quantitative test to determine the extent of volume stood increased per litre by the alleged addition of starch.