SARADA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the third accused in C.C.228/02 on the file of the Judicial First Class Magistrate's Court I, Neyyattinkara. The said case is registered on the basis of Annexure III Final Report submitted by the Excise Inspector. Thirupuram in CR. No. 19/01 registered under Annexure II Crime and Occurrence Report, consequent on Annexure I Chemical Analysis Report obtained in relation to the toddy seized from the godown of licensee No. 3/2000-01 of Thirupuram range for the financial year 2000-01, as Annexure I Chemical Analysis Report disclosed that out of four samples of toddy taken from his godown, one sample contained 11.45% by volume of Ethyl Alcohol which is more than the permitted quantity of Ethyl Alcohol in toddy which is 8.1% as per R.8(2) of the Kerala Abkari Shops Disposal Rules, 2001.

(2.) The petitioner A3 is Power of Attorney holder of the licensee; the first accused in the case is the Manager of the godown and the second accused is the Contractor. The offence charged is under S.57(a) of the Abkari Act on the allegation that the toddy is adulterated as it was found that the alcoholic content therein is above 8.1%.

(3.) It is the contention of the counsel for the petitioner that though as per Rules, 8.1% was the alcoholic content prescribed in toddy tapped from coconut trees, the Supreme Court has declared that the said fixation of alcoholic content in toddy as 8.1 % is ultra vires being not based on any scientific principle and that in any event, as the percentage by volume of Ethyl Alcohol was found to be within the range of 8 to 12% as held in the said decision approving the Single Bench decision of this Court, no offence stands made out. Further, Annexure I report shows that there was no adulteration effected so as to increase the volume of Ethyl Alcohol content in the toddy.