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Elephant G.Rajendran vs Prohibition And Excise Department on 19 December, 2007 cites

State Of Kerala & Ors vs Unni & Anr on 1 December, 2006

In the decision of the Supreme Court reported in 2007 (2) SCC 365, in Civil Appeal No.5300 of 2006, etc., by judgment dated 1.12.2006 (State of Kerala vs. Unni), the question relating to fermenting liquor, such as Toddy, Beer, Wines etc., fell for consideration and in the said case, the Supreme Court observed that it cannot be ruled out that there is possibility of fermented Toddy containing 'ethyl alcohol' of more 8.1%v.v. It was accepted that the fermentation was a "natural process" and in the said case, no scientific data was available on record, nor the State furnished any information as to how much time it requires for Toddy to become "fermented" which would contain more than 8.1% of "ethyl alcohol". Having noticed the definition of "Toddy", which does not limit the extent of "fermentation", the Supreme Court observed in that case that the "fermented Toddy" would come within the purview of definition of "Toddy". The Supreme Court in that case further observed that if by reason of the rule-making power, the State intended to impose a condition, the same was required to be reasonable one. The Supreme Court, having noticed that the "Toddy" ferments automatically after sun rise and if it is permitted to be sold within a time-frame after Toddy is tapped, reasonableness can be inferred; but at what point of time precisely "ethyl alcohol" content would exceed 8.1% in a Toddy, is not known.
Supreme Court of India Cites 26 - Cited by 208 - S B Sinha - Full Document
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