1. M/s Seven Seas Distillery Pvt. Ltd VS State Of Kerela - 11 Jan 02

Revenue Recovery Act – Abkari Act – Section 17 – Foreign Liquor (Compounding, Blending and Bottling) Rules ... Section 17 of the Abkari Act reads as follows : Judgment :- “Provided that no duty or gallonage fee or vend fee or other taxes shall be leveid under this Act

India - Kerala

2. Jayakumar VS State of Kerala - 11 Jul 07

offence punishable under S.58 of the Abkari Act. ... S.58 of the Abkari Act - Criminal Appeal is dismissed. ... Kerala Abkari Act, 1077 -Sections. 8( 1) and 58 - Accused in S.C. ... Act which is punishable under S.8(2) of the Abkari Act. ... He faced trial for the offence punishable under S.58 of the Abkari Act. ... No.412 of 2001 on the file of the Additional Sessions Court (Trial of Abkari Act Cases), Neyyattinkara is the appellant.

India - Kerala

3. Mohanan VS State of Kerala - 12 Dec 06

Abkari Act, Act 1 of 1077 is the question referred for decision of this Court - Held, Mere possession even with knowledge that possession ... Kerala Abkari Act 1077 - Section 55(a) - What exactly is the offence punishable under S.55 of the Kerala ... was illegal will not attract a higher penalty - S.55 (a) of the Act deals with only illegal import, export or transport, transit ... Act, the learned single Judge found that the offence will come only within the ambit of section 56(b) of the Abkari Act. ... Other abkari offences are specifically dealt with in various other provisions. ... Judgment :- What exactly is the offence punishable under section 55 of the Kerala Abkari

India - Kerala

4. Thomas @ Joy, S/O Varkey VS State Of Kerala - 14 Jul 21

Contraband Substances - Benefit of doubt - Acquitted - Delay of more than one year in analysing sample has not been satisfactorily explained - This is also a suspicious circumstance, benefit of which must go to accused.

On appearance of the accused, charges were framed against him for the offences punishable under Sections 55(a) and 8(2) of the Abkari

India - Kerala

5. K. L. Poly VS State of Kerala, rep. by the Director of Prosecution High Court, Ernakulam - 31 Oct 13

Act- special provision in S.50(2) of the Abkari Act which deals with taking of cognizance and since S.50A of the Abkari Act deals ... Kerala Abkari Act, 1077 - Sections, 50( 2), 55, 56 and 58 - Criminal Procedure Code. 1973, Sections. 2(d ... It is argued by the learned counsel for the petitioner that since the offence under the Abkari Act is a cognizable offence, the Magistrate ... of the Abkari Act. ... and that of Abkari Act. ... mentioned in Sections 40 to 53 of the Abkari Act.

India - Kerala

6. Kusuma, W/O. Narayana Gowda VS State Of Kerala - 12 Jul 22

Point of Law : Legal position is emphatically clear that Section 53A(2) of Kerala Abkari Act mandates that inventory shall be prepared by authorised officer.

Act and thereby appellant committed offence under Section 8(1) r/w 8(2) of Kerala Abkari Act - Legal position is emphatically clear ... that Section 53A(2) of Kerala Abkari Act mandates that inventory shall be prepared by authorised officer. ... Kerala Abkari Act - Section 8(1) r/w 8(2), 67B – Appeal - Authorised officer must be an officer authorised

India - Kerala

7. Balakrishna Rai, S/O. Late Ramanna Rai VS State Of Kerala - 04 Jun 20

Under section 53 A of the Abkari Act, the inventory shall only be prepared by the authorised officer. Such inventory shall be certified by the Magistrates only after carefully verifying the correctness of the particulars of the property mentioned and described in it.

Abkari Act, 1077- Section 53A - The Magistrates who certify the inventory under the Abkari Act or the Narcotic ... The Abkari Act, 1077 - Section 8(2) and 53A – The bulk quantity of the arrack allegedly seized from the ... Concurrent verdicts of guilty and conviction recorded against the petitioner by the courts below under Section 8(2) of the Abkari ... Since Ext.P7(a) was prepared by an officer not authorised under the Abkari Act, Ext. ... (P) No.139/2002/TD dated 19.09.2002 in exercise of the powers conferred by Section 53A(1) of the Abkari Act. ... The Magistrates who certify the inventory under the Abkari Act or the Narcotic Drugs and

India - Kerala

8. Sabu VS State of Kerala - 18 Aug 07

Act - Held, To attract an offence under S.55(a) of the Abkari Act, the prosecution should specifically allege and prove that the ... Kerala Abkari Act 1077 - Sections 55(a) and 55(1) - Appeal is filed against the judgment on the file of ... the Additional Sessions Court - Appellant faced trial for the offence punishable under S.55(a) read with S.55(1) of the Abkari Act ... Sub-section (2) of Section 3 of the Abkari Act defines an Abkari Officer as follows: "Abkari Officer. ... officer of the State to detect or investigate an offence contemplated under the provisions of the Abkari Act. ... (Cri.) 631, this Court had categorically held that to attract an offence under Section 55 (a) of the Abkari Act, the prosecution

India - Kerala

9. Kerala State Toddy Shop Contractors Association VS T. N. Prathapan - 01 Sep 14

Kerala Abkari Act - Railways Act, 1890 - Section 71 - Constitution of India - Article 226 - Rule 28A - Sustain ... Bench has observed thus - There was no pleading that Rule upon which reliance was placed by Respondent was ultra virus Railways Act ... own proceeded to consider validity of Rule and ultimately held that it was not in consonance with relevant provisions of Railways Act ... as per Rule 28A of Foreign Liquor (Compounding, Blending and Bottling), Rules 1975 (for brevity 'the Rules') framed under Kerala Abkari ... At that juncture, the High Court took note of the prescription made Under Rule 7(11)(vii) of the Kerala Abkari Shops Disposal Rules ... Act (for brevity 'the Act'), the licenced premises for sale of liquor in respect of the licences issued under the Rules are required

India - Supreme Court

10. Krishnan M. C. S/o Choi VS State of Kerala Rep. by Public Prosecutor, High Court of Kerala - 18 Feb 21

Important points:mixing of starch with toddy need not be included with the serious offences of mixing other foreign ingredients with toddy and has given the offence separate status which does not entail a serious punishment. So the request made by the petitioners who were charged under Section 57(a) before the Amendment Act of 2018 made a request for compounding of offence was directed to be considered though the offences were committed at a time when they were not compoundable in terms of Section 67A

Statement of facts:Whether the accused persons facing trial under Sections 56(b) and 57(a) of the Abkari ... against offenders under the Abkari Act. ... is applicable to cases under the Abkari Act also. ... He was sentenced under S.55(g) of the Abkari Act.

India - Kerala