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2017 Supreme(Online)(KER) 49196

HIGH COURT OF KERALA
P. B. Suresh Kumar, J
V R PRASAD – Appellant
Versus
STATE OF KERALA – Respondent


J U D G M E N T

The petitioner is the licensee in respect of a few toddy shops under the Thodupuzha Excise Range of the State Government. He purchased the right to vend toddy in the said shops in accordance with the provisions contained in the Kerala Abkari Shops Disposal Rules, 2002 (the Rules). On 02.11.2016, a case was registered against the petitioner by the third respondent under Sections 56(b) and 57(a) of the Abkari Act, alleging that the sample of toddy taken from one of the toddy shops run by the petitioner on 12.09.2016 contained Poly Vinyl Acetate. Ext.P3 is the crime and occurrence report in respect of the said case. The petitioner is not entitled to run toddy shops if a case is registered against him under Section 57(a) of the Abkari Act. As such, immediately upon registration of the case, the licence issued to the petitioner to run the toddy shops was suspended. According to the petitioner, a case cannot be registered against him under Section 57(a) of the Abkari Act on the ground that the sample of toddy contained Poly Vinyl Acetate. It is his case that Poly Vinyl Acetate is neither a drug nor an ingredient which is likely to add the actual or apparent intoxicating q

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