THOMAS P.JOSEPH
Soman – Appellant
Versus
State Of Kerala – Respondent
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
2. Francis Vs. State of Kerala (1965 KLT 1034).
4. State of Andhra Pradesh Vs. Madiga Boosenna and Ors. (AIR 1967 SC 1550).
6. State of Kerala Vs. Narayanan (1962 KLT 31).
7. See Lohithakshan Vs. State of Kerala (1989(1) KLT 232).
3. Muthan Ankamuthu Vs. State of Kerala (1970 KLT 427).
5. Behram Khurshid Pesikaka Vs. State of Bombay (AIR 1955 SC 123).
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