IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 22ND JULY 2010 / 31ST ASHADHA 1932 WP(C).No. 13921 of 2010(Q) -------------------------- CR.NO.66/2010, EXCISE RANGE, KARUNAGAPPALLY ------------------------------- PETITIONER(S): --------------- THULASEEDHARAN PILLAI, AGED 52 YEARS, S/O. MADHAVAN PILLAI, KARTHIKA BHAVANAM, EDAKKATTU DESOM, PORUVAZHI VILLAGE, KUNNATHOOR TALUK, KOLLAM DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY, TAXES (A) DEPARTMENT GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. 3. THE DEPUTY COMMISSIONER OF EXCISE, KOLLAM. 4. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, KARUNAGAPPALLY, KOLLAM DISTRICT. BY GOVERNMENT PLEADER MR.C.S.HRITHWIK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- W.P(C) No.13921 of 2010 -------------------------------------- Dated this the 22nd day of July, 2010 J U D G M E N T Petitioner, who is the licensee of toddy shops in Group No.V of Karunagappally Excise Range for the abkari year 2010-2011, is the 2nd accused in CR.No.66/2010 of Excise Range, Karunagappally for offences punishable under Sections 58, 57(a) and 67B of the Abkari Act. The case of the prosecution is that on 23.4.2010 at 10.15 AM, 150 liters of toddy allegedly mixed with spirit was seized from the jeep bearing registration No.KL 23/B-735 of which the 3rd accused is the registered owner and 1st accused, the driver. Pending this writ petition, Ext.P8 chemical analysis report has been received by the J.F.C.M Court, Karunagappally with regard to the eight samples drawn from the seized toddy. All the eight samples show percentage of Ethyl Alcohol below 8.1% v/v, which is the maximum fixed by Rule 9(2) of the Kerala Abkari Shops Disposal Rules 2002 as amended with effect from 14.2.2007. In the light of the said report the Officer-in-Charge of the investigation of the case shall complete the investigation and file a final report before the J.F.C.M Court, W.P(C) No. 13921 of 2010 : 2 : Karunagappally expeditiously. The final report shall be filed within three months of receipt of a copy of this judgment. The petitioner shall not be visited with any adverse consequences on the mere fact that the above case has been registered against him. V.RAMKUMAR, JUDGE dmb