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2019 Supreme(Ker) 701

MARY JOSEPH
Santhosh – Appellant
Versus
State of Kerala, Represented by the Public Prosecutor – Respondent


Advocates Appeared:
For the Petitioner: Sri.Nireesh Mathew, Adv.
For the Respondent: P.P. Sri. C.K.Prasad

ORDER :

These Revision Petitions are preferred against orders passed by judicial First Class Magistrate Court-I, Chengannur and Mavelikkara (for short 'the trial courts') on 12.04.2019 and 09.04.2019 respectively in CMP No.1338/2019 and CMP No.1730/2019.

2. CMP Nos.1338/2019 and 1730/2019 were filed by accused No.1 in Crime Nos.34/2019 and 28/2019 of Mavelikkara Excise Range seeking to send sample 'B' prepared by the Excise Officials in the respective cases and produced before the above courts to the Chemical Examiner's Laboratory at Ernakulam or Kozhikode for analysis.

3. The trial court relying on Santhosh. T.A and another v. State of Kerala [2017 (4) KLJ 689] declined the prayer of the petitioners and dismissed the applications. Aggrieved thereby the petitioners are now before this Court in revision.

4. Sri.M.G.Karthikeyan advanced arguments on behalf of the petitioners in the petitions on hand. According to him, Rule 8 of the Kerala Abkari Shops Disposal Rules, 2002 (for short 'the Rules, 2002') permits taking of two samples and forwarding of sample marked as 'B' before the Court. It also provides for registration of a crime within 24 hours if any violation of the provisions of the

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