BIJUMON Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the 1st accused in S.C. No.28 of 2015 of the Additional Sessions Judge-IV, Pathanamthitta. He has been charged along with others for having committed offences punishable under Section 57A of the Abkari Act.

(2.) On 06.01.2014, the Excise Inspector attached to the Mobile Liquor Testing Laboratory inspected the Toddy shop bearing No TS 24/12-14 of Pathanamthitta Range. Samples of toddy were taken in the presence of witnesses and they were marked as 'A' and 'B' and the same was sealed at the spot. 'A' sample was forwarded to the Chemical Examiners' Laboratory and the 'B' sample was produced before the Deputy Excise Commissioner. The analysis of 'A' sample revealed that it contained 25.853 mg of sodium lauryl sulphate. As sodium lauryl substance is noxious to health,a crime was registered. Later after completion of investigation final report was laid before the Jurisdictional Magistrate on 10.7.2014.

(3.) After the case was committed to the Court of Session Annexure A application was submitted before the Court below seeking to have the second sample sent for analysis. The said application was dismissed by the learned Sessions Judge by Annexure B order . The same is under challenge in this petition filed under Section 482 of the Code of Criminal Procedure .