IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 28TH MAY 2008 / 7TH JYAISHTA 1930 Bail Appl..No. 2947 of 2008() ----------------------------- CR.38/08 OF KOLLAM EXCISE RANGE PETITIONERS/ACCUSED NO.2 TO 4 ---------------------------------------------- 1. SUDHEER, AGED 41 YEARS, S/O.BALAKRISHNAN, PANAVILA HOUSE, ASRAMAM, KOLLAM DISTRICT. 2. MANILAL, AGED 40 YEARS, S/O.PRABHAKARAN, CHEKKALATHARAYIL HOUSE, KOIVILA, THEVALAKKARA VILLAGE, KARUNAGAPPALLY, KOLLAM DISTRICT. 3. RAJENDRAN, AGED 50 YEARS, S/O.NEELAKANDAN, KANNANKULANGARA HOUSE, PERUMKULAM P.O., KALAYAPURAM VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.C.C.THOMAS (SR.) SRI.NIREESH MATHEW RESPONDENTS: COMPLAINANT --------------------------------------------- STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, KOLLAM, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 2947 of 2008 ----------------------------------------- Dated this the 28th day of May, 2008 O R D E R This petition is for bail. 2. Petitioners are accused 2 to 4. The alleged offence against the petitioners is under Section 57(a) of the Abkari Act. According to prosecution, the toddy seized from the shop of petitioners was adulterated and hence the case was registered against them. Learned counsel for petitioners submitted that the only allegation as per the records is that the toddy contained “ethyl alcohol”. But, ethyl alcohol is an ingredient of any liquor. It is also pointed out that as per Rule 8(3) of the Kerala Abkari Shops Disposal Rules, 2002, a case can be registered in a matter of this nature only after obtaining report of the Chemical Analyst and if the report reveals presence of adulterated substances in the toddy. But a crime is registered much prior to the receipt of the Chemical Analyst report and hence it is violative of the rules. 3. Learned Public Prosecutor argued that the excise officials, who are experts in detecting adulterated liquor, have found that the liquor is adulterated. Therefore, they have taken samples and sent BA.2947/08 2 them for analysis and registered the crime. The rule only mandates registration of a crime in cases where chemical analysis report reveals adulteration, but that does not mean that when adulteration is detected by the expert officials of the department, the crime cannot be registered, it is argued. If an interpretation is given to the contrary, in many genuine cases in which report is awaited, harm will be caused to the public and the offence cannot be prevented. 4. I am satisfied that this case involves interpretation of a rule of the statute. Though it may appear that this is a fit case to grant bail, however, if ultimately, a view is taken in favour of the petitioners on interpretation of the statute, it is likely that they will be put to irreparable loss and injury, unless certain orders are passed to protect their interests. Hence, in the interest of justice, the following order is passed: i) Petitioners shall surrender before the investigating officer on 6.6.2006 between 10 AM and 1 PM and make themselves available for interrogation and thereafter they shall be produced before the Magistrate Court concerned in accordance with law. BA.2947/08 3 ii) Learned Magistrate shall thereafter grant bail to the petitioners on their executing bond for Rs.50,000/- each with two solvent sureties each for the like sum to the satisfaction of the court, if any application is filed. iii) Petitioners shall not indulge in any offence of similar nature and if any involvement is detected, their bail is liable to be cancelled. 5. It is made clear that in case the chemical analysis report reveals adulteration, this order will not stand in the way of the respondents in proceeding against the petitioners, by cancellation of bail granted, in accordance with law. This order is passed only to take effect till receipt of the Chemical Analysis report, in the light of the arguments raised with respect to Rule 8(3) of the Kerala Abkari Shops Disposal Rules. The petition is disposed of accordingly. K.HEMA, JUDGE vgs.