SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2015 Supreme(Ker) 1430

DAMA SESHADRI NAIDU
P. G. PRIYAMVADA – Appellant
Versus
STATE OF KERALA – Respondent


Advocates Appeared:
For the Appellant : T.A. Shaji, Namitha Jyothish
For the Respondent: P.P. Padmalayan

JUDGMENT :

Dama Seshadri Naidu, J.

The issue in this writ petition is concerning the confiscation of the petitioner's vehicle carrying certain ayurvedic medicines that allegedly contained some trace of alcohol. The petitioner and her son, being the registered ayurvedic medical practitioners, have the necessary Exts. P. 1 to P. 3 licences to manufacture, process and deal in the ayurvedic medicines.

2. On 26.08.2009, at about 4.15 p.m., the 4th respondent intercepted and seized the Maruti Omni van belonging to the petitioner for the offence of transporting about 131.52 litres of arishtam' and 18 litres of 'asavas' (ayurvedic preparations). Against the petitioner's son, the 4th respondent registered an abkari case in Crime No. 45 of 2009 for the offences under Sections 9 and 10 of the Kerala Spirituous Preparations (Control) Rules, 1969 ('the Rules' for brevity) and also under Sections 56(b) and 67B(a) of the Abkari Act ('the Act' for brevity). In the course of time, the seized vehicle was produced before the authorised officer, who after completing the legal formalities confiscated it under Section 67B of the Act.

3. Insofar as the crime is concerned, the petitioner's son and the petitio





































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top