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2017 Supreme(Ker) 651

K.SURENDRA MOHAN, A.M.BABU
V. R. Prasad – Appellant
Versus
State of Kerala Represented By Its Secretary, Department Of Excise And Taxes – Respondent


Advocates Appeared:
For the Appellant :Sri. Renjith B. Marar, Smt. Lakshmi. N. Kaimal, Smt. Reshmi Jacob, Sri. T.U. Sujith Kumar, Sri. P.S. Syamkuttan & Sri. P. Vishnu, Advocates.
For the Respondent: Sri. V. Manu, Government Pleader

JUDGMENT :

K. Surendra Mohan, J.

The writ petitioner is in appeal against the judgment dated 6.2.2017 of the learned Single Judge in W.P.(C).35730 of 2016 dismissing the same. The matter arises under the Abkari Act.

2. The appellant is the licensee in respect of a number of toddy shops including toddy shop No.23/2014-2017 in group No.VII of Thodupuzha Excise Range. A case has been registered against him as C.R.No.99/2016 of Thodupuzha Excise Range by the 3rd respondent on the allegation that the sample of toddy taken from his shop on 12.9.2016 was found to contain Poly Vinyl Acetate. A copy of the chemical analysis report is produced as Ext.P1. The seizure mahazar is Ext.P2. It was on the basis of Exts.P1 and P2 that a crime was registered alleging offences under Sections 56(b) and 57(a) of the Abkari Act. A copy of the crime and occurrence report is Ext.P3. On the basis of the above proceedings, on 2.11.2016 the 3rd respondent directed the appellant to stop functioning of all the toddy shops of which he was the licensee, shop Nos.23, 24, 25, 26, 27, 59 & 60 of the Thodupuzha Excise Range. Consequently, the appellant is alleged to be suffering huge loss. The B sample has not been send






































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