PRAKASH Vs. STATE OF KERALA

JUDGEMENT

(1.) These writ petitions are filed by licencee of a toddy shop whose licence was cancelled pursuant to detecting trace of cannabinoids.

(2.) It is submitted that re-auction of the toddy shop is scheduled on 04.11.2019. Therefore, the petitioners urge that auction shall be deferred till chemical analysis report is obtained on 'B' sample taken. The petitioners refer to an order passed by the Magistrate Court to obtain 'B' sample report from the Regional Chemical Authority. It is argued by the learned Senior Counsel that if it is found that in the 'B' sample report there is no trace of such substance, the petitioners would be entitled to run the toddy shop and also would have a preferential right to conduct such toddy shop.

(3.) The learned Senior Counsel placing reliance on the Division Bench judgment of this Court in Ramanan v. State of Kerala and Others [2016 (2) KHC 746] at para 15 submitted that such discretion is always exercised by this Court and therefore, the re-auction shall be ordered to be deferred.