Case Note & Summary
The appeals challenged the judgment of the Kerala High Court which upheld the conviction of the appellants for offences under Section 57A of the Abkari Act, 1967. The appellants were convicted by the Assistant Sessions Judge, Vadakara, and sentenced to rigorous imprisonment for one year and a fine of Rs. 10,000 each. The case arose from an inspection of arrack shops where samples of liquor were taken and found to contain methyle alcohol, a noxious substance. The appellants contended that the liquor was sourced from Chittore Co-operative Sugar Mill, which had previously been implicated in supplying illicit liquor. However, the courts below rejected this defense, emphasizing that the burden of proof rested on the licensee to show that no adulteration occurred. The Supreme Court dismissed the appeals, affirming the lower courts' findings and holding that the appellants could not escape liability even if another party was involved in the supply of the liquor. The appeal was dismissed for appellant No. 1, while the appeal for appellant No. 2 abated due to his death, and the remaining sentence was to be served by appellant No. 1.
Headnote
A) Criminal Law - Adulteration of Liquor - Burden of Proof - Abkari Act, 1967, Section 57A - The burden of proof lies on the licensee to demonstrate that no noxious substances were mixed with the liquor sold. The court held that even if another party had a role in the supply chain, it did not absolve the licensee from liability under the Act (Paras 5-6).
Issue of Consideration
Whether the appellants were guilty of adulteration of liquor under the Abkari Act, 1967.
Final Decision
The Supreme Court dismissed the appeals, affirming the conviction of appellant No. 1 and abating the appeal for appellant No. 2 due to his death. Appellant No. 1 was directed to surrender to custody to serve the remainder of the sentence.
Law Points
- burden of proof
- adulteration of liquor
- noxious substances
- Abkari Act
- 1967
- chemical examination
