Kerala High Court
Ratheesh Kumar vs The Excise Inspector on 16 June, 2010
Author: Antony Dominic
Bench: Antony Dominic
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
WEDNESDAY, THE 25TH DAY OF JULY 2012/3RD SRAVANA 1934
WP(C).No. 15299 of 2012 (J)
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PETITIONER(S):
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1. RATHEESH KUMAR,,
S/O KRISHNAPPAN,PRAVEEN NIVAS,VARANADA.P.O
KOKOTHAMANGALAM,CHERTHALA ,DIST.ALAPPUZHA.
2. PRAKASHAN,
S/O.DAMODARAN,THACHAPARAMBIL,POOCHAKKAL.P.O
PANAVALLY,CHERTHALA TALUK,DIST.ALAPPUZHA.
BY ADVS.SRI.K.REGHU KOTTAPPURAM
SRI.R.MAHESH (KOTTAPPURAM)
SRI.M.MUKESH
RESPONDENT(S):
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1. THE EXCISE INSPECTOR,
EXCISE RANGE OFFICE,KUTHIYATHODU RANGE
ALAPPUZHA DIVISION,DIST.ALAPPUZHA-688533.
2. THE CIRCLE INSPECTOR OF EXCISE,
CHERTHALA CIRCLE,CHERTHALA,DIST.ALAPPUZHA-688524.
3. THE DEPUTY COMMISSIONER OF EXCISE,
ALAPPUZHA DIVISION,ALAPPUZHA-688001.
4. THE EXCISE COMMISSIONER,
COMMISSIONERATE OF EXCISE,GOVT.OF KERALA
THIRUVANANTHAPURAM,PIN-695001.
5. THE STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVT.,TAXES DEPARTMENT
THIRUVANANTHAPURAM,PIN-695001.
BY GOVT. PLEADER SRI.M.MOHAMMED SHAFI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25-07-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
tss
W.P.(C) NO.15299/2012
APPENDIX
PETITIONER(S) EXHIBITS
P1:- COPY OF CERTIFICATE NO.7974 DATED 16.6.2010
P2:- COPY OF THE CRIME AND OCCURANCE REPORT NO.21/2012
P3:- COPY OF THE IST AND LAST PAGE OF THE LICENCE IN RESPECT OF T.S.NO.1
P4 :- COPY OF THE IST AND LAST PAGE OF THE LICENCE IN RESPECT OF T.S. NO.3
P5:- COPY OF THE IST AND LAST PAGE OF THE LICENCE IN RESPECT OF T.S.NO.3
P6:- COPY OF THE IST AND LAST PAGE OF THE LICENCE IN RESPECT OF T.S.NO.4
P7 :- COPY OF THE INTERIM ORDER DATED 16.2.2012 IN I.A.2421 IN WP(C)765/2012
P8:- COPY OF APPLICATION VIDE C.M.P.1296/12 DATED `13.2.2012
P9:- COPY OF OFFICE MEMORANDUM,NO.4907/2011 DATED 1/12/2012
P10:- COPY OF ORDER DATED 17.2.2012 IN C.M.P.1297/2012
P11:- COPY OF INTERIM ORDER DATED 23.2.2012.LIN WP(C)765/2012
P12:- COPY OF APPLICATION VIDE C.M.P.4052/2012
P13:- COPY OF THE ORDER DATED 27.6.2012 OF THE MAGISTRATE.
P14:- COPY OF THE ORDER VIDE G.O.(MS) 130/2012 DTD. 19.7.2012.
RESPONDENTS' EXHIBITS
NIL
//TRUE COPY//
P.A. TO JUDGE
tss
ANTONY DOMINIC, J.
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W.P.(C) NO. 15299 OF 2012
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Dated this the 25th day of July, 2012
J U D G M E N T
Petitioners were licencees of toddy shop Nos. 1 to 5 of Kuthiyathodu Excise Range. In 2010, sample was drawn from TS 4/2009-2010. In Ext.P1 certificate of analysis, presence of ethyl alcohol was certified to be 8.83%. Accordingly, OR No.21/12 alleging offence under Section 57(a) of the Kerala Abkari Act was registered against the petitioners. It is challenging the aforesaid proceedings, the writ petition has been filed.
2. Rule 9(2) and Rule 2(n) of the Abkari Shops Disposal Rules, 2002 have already been upheld by this Court in Komalan v. State of Kerala (2009 (2) KLT 744). Therefore the aforesaid proceedings cannot be interfered with in this writ petition. However, petitioners state that by Ext.P13 order, the Trial Court has already sent a set of sample for reanalysis and that the results are awaited.
3. In view of the above submission, it is clarified that if the report of reanalysis to be received is favourable to the petitioners, it will be open to the petitioners to seek discharge in WPC.No.15299/12 :2 : the criminal case and also claim the benefit of Rule 5(1)(a) of the Rules.
Clarifying the position as above, the writ petition is disposed of.
ANTONY DOMINIC, JUDGE Rp