K.S.THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein is the accused No.2 in O.R No. 119 of 2016 of Konni Excise Range Office, Pathanamthitta District. The offence alleged against the petitioner is punishable under Sections 56(b) of Kerala Abkari Act.

(2.) The prosecution allegation is that on 30.06.2015, at about 11:30 pm, samples of wine was taken from the Soorya Beer Parlour at Konni and on chemical analysis it was found that it contains ethyl alcohol at 16.24%v/v which is in violation of rule/condition of the licence and thereby the accused have committed the above alleged offences.

(3.) As per the Table in Section 67A of the Crl.MC.No. 3344 of 2019 Abkari Act, the offence under Section 56 can be compounded on payment of compounding fee of Rs. 25,000/- by each accused. The petitioner is ready and willing to compound the offence. In the meantime the petitioner have approached the Judicial First Class Magistrate Court-II Pathanamthitta by filing Crl.M.P No. 10567 of 2018 in CC. No. 584 of 2016 seeking permission to compound the offence alleged against the petitioner. Ext. A3 was produced to prove that even after conviction under 56(b), composition pending the proceedings is possible under law.