ANNAPOORNASWARI Vs. EXCISE INSPECTOR PERINTHALMANNA MALAPPURAM

JUDGEMENT

(1.) Petitioners are accused in Crime No. 2 of 1990 on the file of the Court of Judicial First Class Magistrate Perinthalmanna - the second respondent herein, for the offence of storing and selling dettol without licence, under the Kerala Spirituous Preparations (Control) Rules, 1969.

(2.) Petitioners field Crl. M.C. 1192 of 1990 under S.482 of the Code of Criminal Procedure, before this Court for quashing the prosecution proceedings initiated against them. The same was disposed of by this Court directing the petitioners to challenge the proceedings by filing a writ petition under Art.226 of the Constitution of India. Hence, this original petition is filed.

(3.) It was argued that the article seized from the petitioner was dettol which is a brand named product Learned counsel further contended that the label also contained a declaration regarding the ingredients of the preparation and in such declaration it was noted that "alcohol absolute de-natured 13.1% by volume". The Chemical Analyst found that the samples taken from the petitioners' shop contain Ethyl alcohol 12.4% by volume.