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1989 Supreme(Ker) 238

SREEDHARAN
Thankachan – Appellant
Versus
Circle Inspector of Excise – Respondent


Judgment :-

1. Petitioners, 3 in number, seek anticipatory bail since they fear arrest on the allegation that they committed offence u/s.57 A of the Abkari Act (hereinafter referred to as the Act).

2. The allegations made against them in short are as follows:-- Petitioners 1 and 2 were abkari contractors for arrack shops bearing Nos.20 to 30 at Neeleswaram Range. Third petitioner was the manager of the godown. Three samples were taken from the arrack godown 21/87-88 on 11-8-1987. Samples were sent to Chemical Examiner, Government Regional Office at Calicut for analysis. The report received by the Circle Inspector of Excise on 26-2-1988 shows that one sample contained methyl alcohol and other two samples had lesser content of alcohol. Thereupon notice was issued calling upon them to show cause why action including that for cancellation of the licence should not be initiated. Petitioners filed their objections. It is alleged that petitioners 1 and 3 agreed to have the offences relating to the sample being of less or strength compounded. They did not state any thing regarding the presence of methyl alcohol in the sample. As per legal opinion given by Asst. Public Prosecutor offence und








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