CRISPIN ZACHARIA Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Section 438 of the Code of Criminal Procedure, 1973.

(2.) The applicants herein are the accused in Crime No.124 of 2019, registered at the Kollam Excise Range, for offences punishable under Sections 58B(1)(c) of the Abkari Act, 1 of 1077.

(3.) On 18.10.2019, source information was received by the Excise Inspector, Kollam Excise Range that the applicants herein, who are husband and wife, are brewing huge quantity of wine in their residential premises. The premises were raided by following the procedure and it was found that the applicants herein had manufactured and stored about 2163.6 litres of wine in several barrels. They had also bottled the wine manufactured by them. Though both the applicants were present when the seizure was effected, they were not arrested as the 1 st applicant is aged about 75 years and is a sick man and the 2nd applicant is also an aged lady. The samples which were collected were forwarded to the Forensic Science Laboratory. The report received from the Lab reveals that the wine which was seized contained 6.6 % v/v of ethyl alcohol.