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High Court of Kerala
T.L. Viswanatha Iyer, P. Krishnamoorthy, JJ.
Mariamma Sunny - Appellant
Versus
State of Kerala & Ors - Respondent
O.P. No. 4364 of 1989
Decided On : 10-12-1993
The Kerala High Court upheld the constitutional validity of Sections 57A and 57B of the Abkari Act, 1967, which were enacted to combat the adulteration of liquor with noxious substances and to provide compensation to victims of such adulteration. The Court rejected challenges based on Articles 14, 19, and 21 of the Indian Constitution, as well as arguments that the provisions conflicted with various central enactments and provisions of the Code of Criminal Procedure and the Indian Evidence Act. The Court held that the provisions were within the legislative competence of the state, that the burden of proof placed on the accused was reasonable, and that the imposition of strict penalties, including the death penalty in certain cases, was justified given the serious consequences of liquor adulteration.
Fact of the Case:
None
Finding of the Court:
The Court upheld the constitutional validity of Sections 57A and 57B of the Abkari Act, 1967.
Issues: 1. Whether Sections 57A and 57B of the Abkari Act, 1967, are unconstitutional? 2. Whether the provisions conflict with various central enactments and provisions of the Code of Criminal Procedure and the Indian Evidence Act?
Ratio Decidendi: 1. The provisions are within the legislative competence of the state. 2. The burden of proof placed on the accused is reasonable. 3. The imposition of strict penalties, including the death penalty in certain cases, is justified given the serious consequences of liquor adulteration.
Final Decision: The original petitions are dismissed.
T. L. Viswanatha Iyer, J.
1. The validity, in whole, or in part, of S.57A and 57B of the Abkari Act 1 of 1077 M.E., is challenged in this batch of writ petitions numbering 91. This Act originally enacted in the erstwhile state of Cochin and applicable to that part of the state of Kerala, was amended and extended to the whole of Kerala by the Cochin Abkari (Extension and Amendment) Act 10 of 1967, which repealed the Travancore Abkari Act IV of "1073, and the Madras Abkari Act 1 of 1886, which were in force in the Travancore and Malabar areas of the state respectively.
2. S.57A and 57B were introduced into the Act by the Abkari (Amendment) Ordinance, 37 of 1983, promulgated by the Governor on November 1, 1983 which was subsequently replaced by the Abkari (Amendment) Act, 21 of 1984, with retrospective effect from November 1, 1983. The Amendment Act was reserved for the consideration of the President and received his assent on December 1, 1984.
3. Since it is the validity of these sections that is in issue, it will be advisable to extract the same:
"57A. For adulteration of liquor or intoxicating drug with noxious substances, etc.- (1) whoever mixes or permits to be mixed any noxious substances or any substance which is likely to endanger human life or to cause grievous hurt to human beings, with any liquor or intoxicating drug shall, on conviction, be punishable, if, as a result of such act, grievous hurt is caused to any person, with imprisonment for a term which shall not be less than two years but which may extend to imprisonment for life, and with fine which may extend to fifty thousand rupees;
(i) if, as a result of such act, death is caused to any person, with death or imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life, and with fine which may extend to fifty thousand rupees.;
(ii) (iii) "in any other case, with imprisonment for a term which shall not be less than one year, but which may extend to ten years, and with fine which may extend to twenty five thousand rupees.
Explanation, For the purposes of this section and S.57B, the expression "grievous hurt" shall have the same meaning as in S.320 of the Indian Penal Code, 1860 (Central Act 45 of 1860).
(2) whoever omits to take reasonable precautions to prevent the mixing of any noxious substance or any substance which is likely to endanger human life or to cause grievous hurt to human beings, with any liquor or intoxicating drug shall, on conviction, be punishable,
(i) if as a result of such omission, grievous hurt is caused to any person with imprisonment for a term which shall not be less than two years but which may extend to imprisonment for life, and with fine which may extend to fifty thousand rupees;
(ii) if as a result of such omission, death is caused to any person, with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life, and with fine which may extend to fifty thousand rupees;
(iii) in any other case, with imprisonment for a term which , shall not be less than one year but which may extend to ten years, and with fine which may extend to twenty-five thousand rupees.
(3) Whoever possesses any liquor or intoxicating drug in which any substance referred to in sub-s.(1) is mixed, knowing that such substance is mixed with such liquor or intoxicating drug shall, on conviction, be punishable with imprisonment for a term which shall not be less than one year but which may extend to ten years, and with fine which may extend to twenty five thousand rupees.
(4) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), no person accused or convicted of an offence under sub-s.(1) or sub-s.(3) shall, if in. custody; be released on bail or on his own bond, unless
(a) the prosecution has been given an opportunity to oppose the application for such release, and
(b) where the prosecution opposes
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