The single-judge bench allowed the petitioner's Criminal Miscellaneous Appeal, quashing C.P.No. 141 of 2002. The court held that prosecution against the petitioner was invalid because the legal limit for alcohol in toddy came into force only on April 1, 2000.
C.P.No. 141 of 2002 against the petitioner is hereby quashed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE R.BASANT
TUESDAY, THE 13TH FEBRUARY 2007 / 24TH MAGHA 1928
Crl.MC.No. 237 of 2007() -----------------------CP.141/2002 of JUDL.MAGISTRATE OF FIRST CLASS-III, PUNALUR OR NO.126/97 OF EXCISE RANGE, PATHANAPURAM RANGE
PETITIONER: ------------
P. SURENDRAN, AGED 54 YEARS, S/O.LATE PARAMESWARAN, CHANNANKONATH PUTHENVEEDU, VALIYARA, VELLANADU, THIRUVANANTHAPURAM.
BY ADV. SRI.C.C.THOMAS
RESPONDENTS: COMPLAINANT:
STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, PATHANAPURAM, PUNALUR, KOLLAM DISTRICT, BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.S.U. NAZAR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/02/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R. BASANT, J.
Dated this the 13th day of February, 2007
O R D E R
The petitioner is the second accused/licensee of a toddy shop.
Samples of toddy were allegedly drawn from his premises on 3.9.1997. On analysis it was found to contain 13.82% by volume of ethyl alcohol. On receipt of that report, complaint was filed and cognizance was taken of the offence punishable under Section 57(a) of the Kerala Abkari Act against him. C.P.No. 141 of 2002 is registered against the petitioner.
Crl.M.C.No. 237 of 2007
2
proceedings against the petitioner being quashed. I find the prayer to be absolutely justified.
relates to the petitioner is hereby quashed.
(R. BASANT) Judge
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1 issue framed by the court
Whether a valid prosecution maintained under Section 57(a) of Kerala Abkari Act for toddy containing 13.82% alcohol, sampled before April 1, 2000, can continue given the retrospective legislative chan
Colour shows how this judgement treated each authority
O.P.No. 17172 of 1999Explained¶21
1 provisions across 1 enactments
P. SURENDRAN
STATE OF KERALA
R. BASANT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
