S.B.Sinha, J. - (1.) DELAY condoned in S.L.Ps.
(2.) LEAVE granted. Abkari Act (for short, 'the Act') was enacted by Maharaja of Cochin By Act No.10 of 1967, it was extended to the whole of Kerala. By reason of the provisions of the said Act, manufacture or sale of liquor, including country liquor is regulated. The regulatory statute, indisputably, is made in terms of Entry 8 of List II of the 7th Schedule of the Constitution of India. A licence is granted under the Act. The licensee is indisputably required to carry out the manufacture or sale of country liquor in terms of the provisions of the Act, rules framed thereunder as also the terms and conditions of the licence. 'Alcohol' has been defined in Rule 2(b) of the Kerela Rectified Spirit Rules, 1972 in the following terms : "Alcohol" means ethyl alcohol of any strength and purity having the chemical composition C2 H2 OH." "Country Liquor" has been defined in Section 3(12) of the Act to mean 'toddy or arrack'. 'Toddy' has been defined in section 3(8) of the Act to mean : "Toddy" means fermented or unfermented juice drawn from coconut, palmyra, date, or any other kind of palm tree."
(3.) RULES were framed by the State of Kerala in exercise of its rule making power conferred upon it under Section 5 of the Act, pursuant whereto or in furtherance whereof 'Kerala Abkari Shops (Disposal in Auction) RULES, 2002 were framed. Rule 9(2) of the said RULES reads as under : "No toddy other than that drawn from the Coconut Plamyrah or Choondapana palms shall be sold by the licensees. All toddy kept or offered for sale should be of good quality and unadulterated. Nothing shall be added to it to increase its intoxicating power or for any other purpose. The ethyl alcohol content of toddy kept or offered for sale drawn from Coconut, Palmyrah and Choondapana palms should not exceed 8.1% v/v 5.2% v/v and 5.9% v/v respectively." Violation of any of the provisions of the Rules, inter alia, attract the penal provisions of Section 56 of the Act, clause (b) whereof reads as under : "56. For misconduct by licensee, etc. Whoever, being the holder of a licence or permit granted under this Act or being in the employ of such holder and acting on his behalf (A) Willfully does or omits to do anything in breach of any of the conditions of his licence or permit not otherwise provided for in this Act; or shall, on conviction before a Magistrate, be punished for each such offence with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.";