S.N.PHUKAN, S.S.M.QUADRI
Suraj – Appellant
Versus
Excise Inspector – Respondent
1. Leave to appeal is granted in all the Special Leave Petitions.
2. These appeals arise from judgments and orders of the High Court of Kerala at Ernakulam in Cr1.M.C. Nos. 2409/97, 431, 435, 444 and 448/98, 502, 503, 504 and 506/97, 4000, 2158, 2159/97, 791/98 and 788/98, passed on May 19,1998.
3. The common question that arises for consideration in these appeals, is: whether the impugned proceedings initiated against the appellants on the basis of samples collected from their shops under S.31 of the Kerala Abkari Act, 1077 (before its amendment in 1997) are liable to be quashed under S.482 of Code of Criminal Procedure.
Briefly stated, the following facts give rise to these appeals.
4. In 1993, under S.31 of the Kerala Abkari Act, 1077 (for short, 'the Act') the Excise Inspectors of various ranges of Kerala State, collected samples from the liquor shops of the appellants who were licensed to carry on the business of liquor. The Excise Inspectors lodged complaints against the appellants under various provisions, including S.57A, of the Act alleging, inter alia, that the samples show adulteration of liquor or intoxicating drugs with noxious substance. The learned Magistrate
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