ASOKAN Vs. STATE OF KERALA

JUDGEMENT

(1.) These Original Petitions have been referred to a Division Bench in view of the importance of the questions involved.

(2.) The Abkari Act (1 of 1077) is the legislation which consolidates and amends the law relating to the import, export, transport, manufacture, sale and possession of intoxicating liquor and intoxicating drugs in the State of Kerala. Sale of arrack (an item of liquor) was prohibited with effect from 1.4.1996 and all arrack shops were closed from 1.4.1996. There was no auction of arrack shops from 1.4.1996.

(3.) In spite of the serious steps taken by the authorities under the Act, manufacture and sale of illicit arrack were rampant. It was also found that other forms of liquor were adulterated and sold. This resulted in many tragedies. Often it was the poor section of the population who fell prey to such spurious liquor. The study made by the authorities revealed that the existing provisions under the Act were not sufficient and deterrent to prevent such commission of offences under the Act. The offences were bailable and compoundable. The punishment and penalty imposed were very low. The money earned from the illicit business in liquor was such that the penalty and punishment imposed were trivial. Thus, the Government was concerned with adopting effective measures to stop the recurrence of such offences under the Act. With this end in view, the Governor of Kerala issued Ordinance 7/97 amending certain provisions of the Act. The Ordinance was promulgated on 2.6.1997 bringing out certain amendments whereby,