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2011 Supreme(Ker) 40

THOMAS P.JOSEPH
Suresh – Appellant
Versus
State Of Kerala – Respondent


Advocates Appeared:For Petitioner:C.C. Thomas (SR.), M.G. Karthikeyan, Nireesh Mathew, Advocates. For the Respondents: M.K. Pushpalatha, Public Prosecutor.

Judgment :

1. Petitioners are the driver and cleaner of a Jeep with Reg. No.KL-44/7106. On May 11, 2010 while petitioners were allegedly carrying toddy in the said vehicle that vehicle was intercepted by the Excise Officials on Aluva-Munnar road and on examination it was found that the accused were carrying 384 litres of toddy. The officials of the Excise Department on verification of the permits produced by petitioners learned that as per the permits petitioners could transport in the vehicle only 345 litres of toddy. Petitioners were arrested at the spot and the articles were seized. A case was registered as Crime No.30 of 2010 for offences punishable under Section 55(a) and 55(b) of the Abkari Act (for short, "the Act"). Annexure-A is the photocopy of crime and occurrence report. Later it appeared that the Excise Officials issued notice to the permit holder-licensee, as seen from Annexure-E on May 19, 2010 stating about alleged transportation of toddy in excess of the quantity permitted and directed him to show cause why licence in favour of permit holder should not be cancelled. To that notice the licensee gave Annexure-F reply denying the allegations and contending that he has



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