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1984 Supreme(Ker) 144

K.K.NARENDRAN, BHASKARAN NAMBIAR
MONI SENAN – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. The formation of a public sector Corporation exclusively licensed for possession and supply of foreign liquor in wholesale, in the entire State of Kerala is the main subject of challenge in these writ petitions.

2. Regulated and restrained by the Kerala Abkari Act and the rules, Cochin Wines and Allapat Brothers, two partnership concerns carrying on business in liquor held licences in Form FL.1 which assure them 'the privilege of supplying foreign liquor by wholesale and selling in retail' and the "right to vend foreign liquor in specified shops subject to the terms and conditions of their license. The conditions of the licence and the relevant rules insist that the licensee shall purchase his supplies of foreign liquor only from the Corporation owned by the Government and holding an FL. 9 licence.

3. Kerala Abkari Act consolidates and amends the law relating to the import, export, transport, manufacture, sale and possession of intoxicating liquor, and of intoxicating drugs in the State of Kerala.

4. The Act and the rules classify the licences for foreign liquor thus:

(1) Foreign liquor wholesale licence (FL 1) under this licence the sale of liquor in any quantity less



















































































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