United Spirits Ltd v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 29TH DAY OF OCTOBER 2015/7TH KARTHIKA, 1937 Crl.MC.No. 6679 of 2015 () --------------------------- ST 57/2014 of JUDICIAL FIRST CLASS MAGISTRATE COURT, ATTINGAL (TEMPORARY) CRIME NO. 14/2014 OF CHIRAYANKEEZHU EXCISE RANGE OFFICE, THIRUVANANDAPURAM PETITIONER/ACCUSED:
------------------- UNITED SPIRITS LTD., VARANADU, CHERTHALA, REPRESENTED BY ITS DEPUTY GENERAL MANAGER MR. JAIKRISHNA K.
BY ADV. SRI.RAJU K.MATHEWS RESPONDENTS/COMPLAINANTS:
-------------------------
1. STATE OF KERALA REPRESENTED BY IT STATE PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031.
2. EXCISE COMMISSIONER, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM 695 001.
3. EXCISE INSPECTOR, EXCISE RANGE OFFICE, CHIRAYANKEEZHU, THIRUVANANTHAPURAM DISTRICT- 695 001.
BY PUBLIC PROSECUTOR SMT.MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
DSV/31/10/15
Crl.MC.No. 6679 of 2015 () --------------------------- APPENDIX PETITIONER'S ANNEXURES:
----------------------- ANNEXURE-I. COPY OF THE CERTIFICATE NO.3118 DATED 28.7.2008 OF THE JOINT CHEMICAL EXAMINER TO GOVERNMENT OF KERALA. ANNEXURE II. COPY OF THE CERTIFICATE NO.12106/2010 DATED 24.11.10 ISSUED BY THE ASSISTANT CHEMICAL EXAMINER TO GOVERNMENT OF KERALA.
ANNEXURE III. COPY OF THE OCCURRENCE REPORT DATED 20.2.14 IN EXCISE CRIME NO. 14/2014.
ANNEXURE IV. COPY OF THE NOTICE DATED 28.4.14 OF THE 3RD RESPONDENT.
ANNEXURE V. COPY OF THE LETTER NO.14/2014/CHIRAYANKEEZHU DATED 26.8.14 OF THE 3RD RESPONDENT.
ANNEXURE VI. COPY OF THE LETTER DATED 13.9.14. ANNEXURE VII. COPY OF THE FINAL REPORT DATED 31.3.15 SUBMITTED BY THE 3RD RESPONDENT.
ANNEXURE VIII. COPY OF THE NOTIFICATION NO.A34/080/KSBC/MD/LIQ/2012-2013 DATED 2.3.12 ISSUED BY THE KSBC.
RESPONDENTS' ANNEXURES:
----------------------- NIL // True Copy // P.A. To Judge DSV/31/10/15
B.KEMAL PASHA, J.
====================== Crl.M.C. No. 6679 of 2015 ======================= Dated this the 29th day of October, 2015
O R D E R
The petitioner is the accused in S.T.No.57 of 2014 of the Judicial First Class Magistrate's Court, Attingal, which has arisen from Excise Crime No.14 of 2014 of the Chirayankeezhu Excise Range, alleging an offence under Section 56(b) of the Abkari Act.
2. The allegation is that when the sample drawn from a batch of No.(1) MC Dowell's Brandy manufactured by the petitioner, was subjected to chemical analysis, it was found containing 41.78% of ethyl alcohol only instead of the required minimum of 41.82%. Precisely, there is a shortage of 0.24% of ethyl alcohol in the said Indian Made Foreign Liquor.
Crl.M.C. No.6679 of 2015
3. The first sample was examined and Annexure-I certificate was obtained, which shows that the product satisfied the legal requirements. The second examination as per Annexure-II was conducted more than 800 days after the seizure, in which it was traced out that there is a deficiency of 0.24% strength of ethyl alcohol.
4. The learned counsel for the petitioner has pointed out that the Indian Made Foreign Liquor being supplied should be sold within 360 days of its supply and in case, it is not sold within 360 days, the same should be destroyed. Apart from that, ethyl alcohol will easily evaporate as time goes on, as it is volatile, and therefore, 0.24% deficiency in the strength is of no consequence at all, when it was subjected to chemical analysis only after 800 days of the seizure. Matters being so, the prosecution against the petitioner in S.T.No.57 of 2015 based on Annexure-VII Final Report in Excise Crime No.14 of 2014 of the Excise Range Chirayankeezhu is bad in law and is liable to be
Crl.M.C. No.6679 of 2015 quashed.
In the result, this Crl.M.C. is allowed and the prosecution against the petitioner in S.T.No.57 of 2015 based on AnnexureVII Final Report in Excise Crime No.14 of 2014 of the Excise Range Chirayankeezhu is hereby quashed Sd/- B.KEMAL PASHA JUDGE DSV/29/10/15 // True Copy // P.A. To Judge