M.UNNIKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are the licensees and employees of a Toddy Shop Bearing No. TS No.87/2014-17 in Group No.XII of Thrithala Excise Range. On 8.7.2015, samples of toddy kept for sale in the said toddy shop was taken by the Circle Inspector of Excise, Narcotic Special Squad after following the procedure prescribed under Chapter VII of the Rules, 2002. Annexure-A1 report was prepared evidencing the sampling and seizure. The sample was forwarded to the Chemical Examiners Laboratory and a report was obtained which revealed that Ethyl Alcohol was found in excess strength. Based on which, C.R.No.32 of 2016 of Thrithala Excise Range was registered on 13.5.2016.

(2.) The proceedings in the aforesaid Crime registered on the basis of the Chemical Analysis report are sought to be quashed on the ground that the procedure followed by the detecting officer is in violation to 8(2)(g) of the Rules, 2002.

(3.) I have heard the learned counsel appearing for the petitioners and the learned Public Prosecutor.