writ petitions.
The Appellant herein is a federation of trade unions of toddy tappers
and workers in toddy shops situate in the State of Kerala ... regulate various
categories of intoxicating liquor and intoxicating drugs including arrack,
toddy, Indian Made Foreign Liquor (IMFL), country liquor and other types
of foreign liquor
Court said that the
licensee pays for the exclusive privilege of selling toddy
from certain shops. The licensee pays what be considers to
be equivalent ... right. It has no relation
to the production or manufacture of toddy. The only
relation it has to the production or manufacture of toddy
liquor, i.e., spirits
of wine, methylated spirits, wine, beer, toddy and all non-
medicinal and non-toilet liquid preparations consisting of
or containing alcohol ... liquor"
to include (a) spirits of wine, methylated spirits, wine,
beer, toddy and all liquids consisting of or containing
alcohol. Chapter III enacted
been defined in Section 3(12) of the Act to
mean 'toddy or arrack'.
'Toddy' has been defined in section ... mean :
"Toddy" means fermented or unfermented juice
drawn from coconut, palmyra, date, or any other kind of
palm tree."
Rules were framed
vehicle bearing No.KL-7/M-7713
transported 1150 liters of toddy without any proper
documents and using a fake permit in violation ... bogus permit, it cannot be said
that the transit of toddy was illegal. Further there is no
evidence adduced on the side of the prosecution
mixed with Ethyl alcohol. At times, this concoction
was mixed with toddy and other essences resulting in a
drink called Kalapani. The methyl alcohol used ... would purchase the same.
These sales were made from the regularly licensed toddy
shops and from other places. There was well-oiled
machinery, huge
individual cases also.
4. Appellants herein carry on business in toddy. For the purpose of
grant of privilege in terms of the provisions ... Gazette expressing its intention to part with its privilege
of vending toddy through retail shops in the notified Excise Ranges for the
year
into two groups, one dealing with the licences for the sale of
Toddy and the other dealing with the licences for the sale of arrack ... paid shop rent or the 'kist' for this
group of toddy shops amounting to Rs. 3,61,116 a month during the year
privilege of selling country liquor in certain arrack shops,
beer taverns and toddy shops in consideration of their
agreeing to pay specified 'shop rent ... Secondly, it had no close relation to the production
or manufacture of toddy. Thirdly, the only relation it had
to the production or manufacture
were granted. Two persons entered into a contract for the sale of toddy and arrack. One partner took a licence in toddy and the other ... rule that an arrack vendor should not have an interest in toddy and vice versa. It was held
that the suit based on the partnership
