RAMACHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This order shall dispose of Crl.M.C.Nos. 2973, 2981, 2975, 3028, 3029, 3030, 3032, 3033, 3034, 3035, 3036, 3045, 3147, 3264, 3208, 3259, 3031, 3079, 3088, 3098, 3203, 3212, 3217 and 3638 of 2016 since the question of law involved is common in all the cases. However to dictate the orders facts have been culled out from Crl.MC 2973 of 2016 titled Ramachandran and Others v. State of Kerala and another, which incidentally was argued as the case in reference by the learned Senior Counsel.

(2.) Common question concerning alleged violation of Rule 8(2)(g) of the Kerala Abkari Shops Disposal Rules 2002 (hereinafter referred to as "Rules, 2002" for brevity) is raised by the petitioners in these petitions. Separate Crimes have been registered against the petitioners in these cases inter alia under section 56 (b) and 57 (a) of the Abkari Act. The crime registered is sought to be nipped in the bud and prosecution brought to a grinding halt, on the ground that the mandatory provisions of the Rules, 2002 has been violated.

(3.) The petitioners in Crl.M.C.No.2973 of 2016 are the licensees/workers of a Toddy Shop Bearing No. 60/2015 -16 of Kodungallor Excise Range. On 23.7.2015 samples of toddy kept for sale in the said toddy shop was taken by the Excise Inspector, Kodungaloor after following the procedure prescribed under Chapter VII of the Rules, 2002. A contemporaneous mahazar was prepared evidencing the sampling and seizure. The sample was forwarded to the Chemical Examiners Laboratory. Annexure -A is the report of Analysis which relates to the sample lifted from the above toddy shop. The said report also pertains to samples taken from three other toddy shops. It is borne out from Annexure -A that 500ml of Coconut Toddy was taken from T.S.No.60/15 -16 and the report reveals that the sample contained 9.22% v/v of Ethyl Alcohol. On receipt of the chemical analysis report and on finding that the strength is in excess of 8.1% v/v a crime was registered as C.R.No 66/2016 of the Kodungallor Excise Range.