The petitioner is the licensee of toddy shop No.26 in Group No.V in Sulthan Batheri Excise Range for the year 2014-15. On 7.7.2014, a sample of toddy was taken from shop No.26 by the Excise Inspector, the same was divided into two and one of the samples was subjected to a chemical analysis. Upon analysis, it was found that the sample contained starch. The report of analysis is Ext.P2. In view of the above, a crime has been registered alleging an offence under section 57 (a) of the Abkari Act. A copy of the Crime and Occurrence Report is Ext.P1. On the basis of the above, the petitioner apprehends that, his license would be suspended any time.
2. According to the petitioner, he is disputing the correctness of the analysis that was conducted of the A sample. He has in such circumstances, a right to have the B sample subjected to a further chemical analysis. For the purpose, Ext.P6 petition has been filed by the petitioner before the Magistrate's Court to have the second sample send for analysis. In view of the above, according to him no orders suspending his license could be issued. The petitioner relies on the decision of this Court in Rajappan Vs. State of Kerala [2012 (2) KHC 657] to contend that he is entitled to have the second sample analysed. He seeks the issue of appropriate directions to ensure that W.P.(C) No.34431 of 2014 2 his licenses are not suspended, before the report of analysis of the B sample is received.
3. Heard. It is true that the petitioner is entitled to have the second sample analyzed. Any further action would have to await the result of analysis of the second sample to be send for analysis on the orders of the Magistrate, Sulthan Batheri.
4. In view of the above, the petitioner shall be at liberty to pursue the matter before the concerned Magistrate's Court, on Ext.P6 petition. Further proceedings of the respondents in the matter, shall await the result of analysis of the second sample that has been sought for in Ext.P6. In order to ensure that the status quo is maintained until the analysis report of the second sample is obtained, the respondents are directed not to pass any orders suspending the licenses of the petitioner, until the report of analysis of the B sample is obtained pursuant to the orders of the Magistrate.
This writ petition is accordingly disposed of.
Sd/-
K.SURENDRA MOHAN, JUDGE.
AV