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2011 Supreme(Ker) 216

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


Advocates appeared:
For the Petitioners:S.R. Sreejith, Denizen Komath, Advocates.
For the Respondent: K.J. Mohammed Anzar, Public Prosecutor.

JUDGMENT :-

1. Since common question is involved these cases are disposed of by a common order.

2. In all these cases the question raised for a decision is whether if the detecting officer has not taken steps to send the liquid seized for chemical analysis, prosecution for offence punishable under Sec.15(c) of the Abkari Act (for short, "the Act") is liable to be quashed.

3. Short facts necessary for consideration of the above question are:

Crl.M.C.No.466 of 2011 arises from the final report submitted by the Thoppumpady police in S.T.No.2824 of 2010 of the Court of learned Judicial First Class Magistrate-II, Kochi. Case is that on 20.04.2010 at about 5 p.m the Sub Inspector, Thoppumpady found petitioner consuming liquor at a public place. The detecting officer is said to have seized from the petitioner about 20ml of the liquid (allegedly IMFL) contained in a bottle of 500ml capacity and a 100ml capacity disposable glass. It is also stated that the bottle contained the label "All Gold US OP Brandy". The detecting officer is said to have identified the liquid as liquor by smelling and tasting and also by Alcoquant test which revealed that there was 249mg of liquor per 100ml of bloo






















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