Balakrishnan Nair, J.

W.A.No.513/2010:

1. The point that arises for decision in this appeal is, on stay of prosecution of a criminal case registered against an abkari contractor under Section 57(a) of the Kerala Abkari Act (hereinafter referred to as"the Act"), whether it can be taken that no abkari case is registered against him for the purpose of sub-rule (1)(a) of Rule 5 of the Kerala Abkari Shops Disposal Rules, 2002 (hereinafter referred to as "the Rules"). The respondents in the Writ Petition are the appellants.

2. The brief facts of the case are the following: The respondent is the licensee of the toddy shops in Group I of Thiruvananthapuram Excise Range. Samples of toddy taken from T.S.No.1 under the said Range on 3.5.2007 was found to contain 8.83% volume by volume of ethyl alcohol. The sale of toddy containing that much volume of ethyl alcohol was a violation of Rule 9(2) of the Rules. The said conduct of the licensee disclosed offences under Sections 57(a) and 56(b) of the Act and so, Crime No.34/2007 was registered against the respondent for the said offences. The respondent challenged the rules concerning the strength of permissible ethyl alcohol in coconut