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2010 Supreme(Ker) 866

M.SASIDHARAN NAMBIAR
RAJAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates Appeared:
For the Appellant : C.C. Thomas, Nireesh Mathew.
For the Respondent: M.K. Pushpalatha (P.P.).

ORDER :

M. SASIDHARAN NAMBIAR, J.

1. Petitioners are accused 1, 2, 3 and 5 in CR. 61/2010 of Changanacherry Excise Range. Petitioners 3 and 4 are licensees of toddy shops of group No. IX and X of Changanacherry Excise Range respectively. First petitioner is a worker and second petitioner, the Manager of T.S.No. 55 of group No. IX. On 30/9/2010 at about 10.45 a.m. Excise Commissioner inspected toddy shop No. 55 and prepared Annexure-B mahazar. Based on the findings in Annexure-B that 700 liters of toddy was found stored in a building owned by fifth accused, adjacent to T.S.No. 55, petitioners 1 and 2 were questioned and finding that the toddy found therein was stored by petitioners 3 and 4 and under Annexure-A crime and occurrence report case was registered for the offence under Sections 55 (a) and 55 (i) of Abkari Act. Samples of toddy taken were sent for chemical analysis. Petitioners 1 and 2 were arrested. Third petitioner is one of the licensees of the toddy shop of Group No. IX, Petition is filed u/s 482 of Code of Criminal Procedure to quash the offences under Sections 55(a) and 55 (i) of Abkari-Act, contending that the offences are not attracted on the undisputed facts and if a









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