P K CHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER, the licensee of Toddy Shops in Group No.VII of Ottapalam Excise Range, Palakkad Division, the first accused in C.R.No.41/2010 of Ottapalam Excise Range, registered under Annexure-A crime and occurrence report for the offences under Sections 57(1) and 56(b) of Abkari Act, filed this petition under Section 482 of Code of Criminal Procedure to quash the proceedings contending that though, as per Annexure-B certificate of chemical analysis, one of the samples examined at the Laboratory contained 12.54% by volume of ethyl alcohol, the other two samples contained ethyl alcohol only to the extent of 3.23% and 3.37%. PETITIONER had earlier approached Judicial First Class Magistrate, Ottapalam to send the second sample for chemical analysis, it was disclosed that no second sample was retained. In such circumstances, as held by this Court in Girish Kumar v. State of Kerala (2010 (2) KLJ 444), prosecution is to be quashed, as it is in violation of the mandatory provisions of the Abkari Act and the Rules.

(2.) LEARNED senior counsel appearing for the petitioner and learned Public Prosecutor were heard.