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1988 Supreme(Ker) 474

MALIMATH, BHASKARAN NAMBIAR
Poison Distillery – Appellant
Versus
State of Kerala – Respondent


Judgment :-

1. The petitioner, a holder of a distillery licence under the Kerala Abkari Act and a licenced warehouse keeper for arrack, manufactured rectified spirit from molasses by distillation in his distillery, converted a major portion of the same into arrack, a country liquor, fit for human consumption and transported it to his warehouses as authorised by the Government. It was this arrack that was supplied to the independent retail arrack shops which, in turn sold it to the general public. The petitioner's right to manufacture and transport arrack is controlled by the Abkari Act and the rules made thereunder. The petitioner was thus bound to arrange for the transport of arrack from the distillery to the warehouse at his own cost and he had to adopt all safeguards against any loss of arrack in transit or in storage. There are excise officers stationed in the distillery and in the licenced warehouse who keep a close watch of the manufacture, storage, transport, etc. of rectified spirit and arrack. The supply of arrack from the distillery to the warehouse is covered by a permit issued by the officer-in-charge of the distillery and another officer in the warehouse has to verify




























































































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