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2019 Supreme(Ker) 968

MARY JOSEPH
Varghese Arackal, S/o. Varghese – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Respondent: SRI C.K. PRASAD
For the Appellant : SRI.NIREESH MATHEW

ORDER :

In the petition on hand, proceedings initiated by Judicial First Class Magistrate Court, Angamaly as C.P.No.20 of 2019, which was originated from crime No.118 of 2017 of Aluva Excise Range is sought to be quashed. The case of the prosecution was that the petitioner is conducting an industrial unit at Meikavu, Angamaly in the name 'M/s. Arackal Aromatics' and engaged in importing rectified spirit as raw material for manufacturing products in the unit. The petitioner was originally issued with a licence No.E-97/07-08 on 19.11.2007 as per order No.XC2-9380/07/K.Dis of the Excise Commissioner. The photocopy of the said licence is produced alongwith as Annexure-B.

2. It is averred that Annexure-B is renewed annually from 2008-09 and lastly till 31.03.2018. Thereafter, Writ Petition No.31582 of 2018 was filed by the petitioner seeking for a declaration that he is entitled to get renewal of Annexure-B. It was also prayed for quashing the order of the Excise Commissioner dated 12.07.2018, (Ext.P7). It was averred that the petitioner was engaged in the manufacture of computer cleaning and brightening liquid and also engaged in sale of that to different persons.

3. The case of the prose

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