MOHANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) What exactly is the offence punishable under Section 55 of the Kerala Abkari Act, Act 1 of 1077 (hereinafter referred to as 'the Act') is the question referred for decision of this Court. Main dispute is regarding the scope of Sub-section (a) of Section 55. According to the learned single Judge who referred the matter, there is a conflict between the decisions of the single Judges in Karthikeyan v. State of Kerala,2000 3 KerLT 639, Balan v. State of Kerala,2002 3 KerLT 161, George Issac v. State of Kerala, 2004 1 KerLT 752 and Sabu v. State of Kerala, 2003 2 KerLT 173 . During hearing, another decision of the Division Bench In Surendran v. Excise Inspector, 2004 1 KerLT 404 is also referred to. Reference was also made to the following decisions: Mariamma and Anr. v. State of Kerala and Ors.,1998 1 KerLT 286, Rajeevan v. Excise Inspector,1995 1 KerLT 38 Purushan v. State of Kerala,2002 2 KerLT 661.

(2.) Before going to the issue in the matter, we may refer to the relevant statutory provisions regarding offence and proved under the Act. Section 55 of the Act is as follows:

(3.) Section 55B provides for penalty for rendering or attempting to render denatured spirit fit for human consumption. Section 56 provides for punishment for misconduct by licensees. Section 56 is as follows: