THOMASKUTTY Vs. THE COMMISSIONER OF EXCISE AND ORS.

JUDGEMENT

(1.) The petitioner is a provisional grantee of the privilege to vend toddy in the toddy shops in Group No. XXI, Kuttanad Range of Alappuzha Division. On the other hand, the fourth respondent was a licencee of the privilege for the year 2013 -14 for the same shops. In the oscillation of adjudication at the behest of both the petitioner and the fourth respondent; after going through tumultuous twists and turns, the matter finally resulted in Exhibit P8 order issued by the Commissioner of Excise. He has upheld the fourth respondent's right and declined to confirm the provisional grant in petitioner's favour.

(2.) The facts in brief are that on 11.07.2013, while the fourth respondent was the licencee of the shops mentioned above, the Sub Inspector of Police, Pulinkunnu Police Station, inspected one of the shops (T.S. No. 76) belonging to the petitioner. He found two persons, allegedly the Manager and a Salesman, selling Indian Made Foreign Liquor (IMFL) in the store room. Having arrested those two persons and having seized eight bottles of Brandy and one bottle of Rum, the Sub Inspector of Police registered Crime No. 472/2013 against those two persons and also the fourth respondent, arraying them as accused Nos. 1 to 3, for the alleged offences under Ss. 55(a)(i) and 56(b) of the Abkari Act ('the Act' for brevity).

(3.) As a corollary to the registration of the crime, when the Commissioner of Excise suspended the fourth respondent's licence, he approached this Court by filing Crl.M.C. No. 3269/2013 under Sec. 482 of the Code of Criminal Procedure. He obtained Exhibit P9 interim stay of all further proceedings in Crime No. 472/2013.