accused of committing offence under S. 55 of the Abkari Act and facing committal proceedings can be released on bail by the committing court ... accused of the commission of offence under S.55 of the Abkari Act. The allegation was that they were found in possession or transporting
arrest by an Abkari officer in any particular case may be under the express provisions of the Abkari Act , yet it is clear that ... Abkari Act to an Abkari Inspector, to deprive a person accused of an offence under the Abkari Act of the protection he enjoyed under Section
question of
law under the Kerala Abkari Act (for short 'the Act) and the
Kerala Abkari Shops (Disposal in Auction) Rules 2002 (for
short ... Act provides that every license
or permit granted under the Act shall be subject to such
restrictions and conditions as prescribed under the Act
consideration is whether
a police officer, who is neither an Abkari officer under Abkari
Act , nor a sub inspector in charge of a police station ... NDPS
Act or make a complaint under clause (d) of sub-
section (1) of Section 36-A of the NDPS Act. It
follows that
arrest by an Abkari-officer in any particular case may be under the express provisions of the Abkari Act , yet it is clear that ... Abkari Act to an Abkari Inspector, to deprive a person accused of an offence under the Abkari Act of the protection he enjoyed under Section
corroborating the prosecution case.
8. An abkari officer is defined under Sec.3(2) of
the Abkari Act." Abkari Officer means the Commissioner ... this Act, to all arrests searches and
seizures made under this Act.
A close reading of the above section shows that an abkari
Crl. Appeal
2000, is under Section 57A(1)(iii) of the Abkari Act. As per the prosecution case, on 15.4.1996 at about 3 p.m. while ... guilty of the offence under Section 57A(1)(iii) of the Abkari Act and they were convicted thereunder and sentenced to undergo rigorous imprisonment
Act , but we have to deal with the opium and the complaint laid under that Act. Now the Opium Act is an Imperial Act ... laid down in the Abkari Act . The Act is very much shorter than the Abkari Act and there is much less detail
Abkari Act (Act 1 of
1077) are entitled to get 'B' sample of toddy
collected by an Abkari Officer under Rule ... Court in relation to cases registered under
the NDPS Act is applicable to cases under the
Abkari Act also. Hence, even if a second sample
provisions of
this Act, to all arrests searches and seizures made
under this Act."
15. The above provision empowers an Abkari Officer to
arrest ... that an Abkari
Officer is a person who is experienced in identifying alcoholic
liquors and other contraband articles prohibited by the Abkari
Act . This Court