HOTEL NEW INDRAPRASTHA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is a firm running a hotel. The petitioner firm holds a licence in Form FL-11 of the Foreign Liquor Rules ('the Rules') framed under the Abkari Act ('the Act'). On 16.6.2016, there was an inspection in the premises of the hotel of the petitioner by the excise officials. Ext.P3 is the mahazar prepared in connection with the said inspection. It is stated in Ext.P3 mahazar that the petitioner had kept 24 cases of beer and 8 bottles of wine in a room other than the store room shown in the plan approved by the statutory authority for possession of liquor at the time of granting the licence. A case was also registered against the petitioner immediately thereupon under Section 56(b) of the Act alleging violation of Rule 16(1) of the Rules. According to the petitioner, the room where the beer cases and wine were kept is a room adjacent to the permit room and that there is no condition in the licence prohibiting use of the said room for keeping liquor to be served in the permit room and that therefore, the said conduct of the petitioner would not amount to breach of Rule 16(1) of the Rules, warranting registration of a case under Section 56(b) of the Act. The petitioner, therefore, seeks a declaration to the above effect in the writ petition. Though several other reliefs are also sought in the writ petition, the same were not pressed at the time of hearing.

(2.) A statement has been filed on behalf of respondents 3 and 4, supporting the registration of the case.

(3.) Heard the learned Senior Counsel for the petitioner as also the learned Senior Government Pleader.