GIRISH KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Are the amendments to Rule 2(n) and Rule 9(2) of the Kerala Abkari Shops Disposal Rules, 2002 (for short 'the Rules') brought in by Ext.P3 Notification consequent to the decision of the Supreme Court in State of Kerala v. Unni, 2007 1 KerLT 151 and the later Notification - Ext.P4, legal valid and constitutional Do they and the consequent prosecutions initiated against the petitioners herein deserve to be quashed These are the questions that arise for consideration in these proceedings.

(2.) To the crucial and vital facts first. The petitioners are allegedly the licensees and their employees of toddy shops. They face prosecutions for offences punishable, inter alia, under Sections 57(a) and 56(b) of the Kerala Abkari Act (for short 'the Act'). The crux of the allegations raised against them is that toddy which was allegedly kept in their premises for sale was found to contain ethyl alcohol in excess of 8.1%. The prosecution alleges that the ethyl alcohol present in excess of 8.1% in toddy is not a natural ingredient of toddy and is a foreign ingredient and that the same enhances the intoxicating quality of toddy kept in their possession for sale by the petitioners. It is further alleged that this amounts to violation of the conditions of licence issued to the petitioners for sale of toddy.

(3.) The definition of 'the concept of 'law' has been a vexing problem of jurisprudence. It may be safe to understand law as a set of rules of human behaviour and conduct, which are enforceable and which represent the quintessence of the trained (not lay) commonsense of the community and which seek to attain the result of harmony in society. Such understanding of the concept of law whether it be constitutional law, statutory law subordinate legislation or precedential law is essential for the law maker, the law enforcer and the law interpreter. One who attempts to interpret the law whether statutory or subordinate or to subject the same to judicial review cannot undertake the mission without being conscious of what law is and what law ought to be.