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1994 Supreme(SC) 1146

K.RAMASWAMY, M.N.VENKATACHALIAH
P. N. Krishna Lal – Appellant
Versus
Government Of Kerala – Respondent


Advocates:
A.Raghuvir, A.S.NAMBIYAR, Altaf Ahmed, B.V.DIPAK, BABY KRISHNAN, E.M.S.ANAM, G.Prakash, K.M.NAYAR, K.V.SRI KUMAR, M.A.Firoz, N.SUDHAKARAN, P.C.CHACKO, R.F.NARIMAN, ROMY CHACKO, ROY ABRAHIM, Sudarsh Menon, Sudhir Gopi, T.G.NARAYANAN NAIR, V.K.BIRAN

JUDGMENT

K. RAMASWAMY, J.- Leave granted in SLPs Nos. 10248, 9079, 13769 of 1994 and SLP No. ... (CC No. 25558 of 1994).

2. A Division Bench of the Kerala High Court, by its common judgment dated 10-12-1993 in OP No. 4637 of 1989 and batch since upheld the constitutionality of Sections 57-A and 57-B inserted by the Abkari (Amendment) Act 21 of 1984 into the Abkari Act 1 of 1077 (for short the Act), the correctness of that judgment is questioned in this appeal.

3. The facts lie in a short compass: The appellants are licensees of arrack or Indian-made foreign liquor retail shops or their employees. They have been charged for offences punishable under one or other sub-sections (1) to (3) of Section 57-A for having mixed or permitted mixing of noxious substance with liquor or for having failed to take reasonable precautions to prevent such mixing or for being in possession of liquor in which such a noxious substance has been mixed with the knowledge that arrack or Indian-made foreign liquors were mixed with methanol (methyl alcohol), a substance which, on consumption, is likely to endanger human life or causes grievous hurt to human beings or causes death. Therefore, when the appellants

























































































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