Supreme Court · 2006 INSC 942 · Decided 1 December 2006

State of Kerala and ORS. v. Unni and ANR.

Court
Supreme Court of India
Citation
2006 INSC 942 · [2006] SUPP. 9 S.C.R. 931
Case number
CIVIL APPEAL No. 5300/2006
Decided
1 December 2006
Bench
S.B. SINHA, MARKANDEY KATJU (2-judge bench)
Outcome
Disposed off
Case type
Civil
Acts & sections cited
Constitution

Headnote

Abkari Act; Ss. 3(8), 3(12), 5, 56 and 57/Kerala Abkari Shops (Disposal in Auction) Rules, 2002 - r.9(2): Toddy-Permissive quantity of-Alcholic contents-Adulteration- A B c Violation of Rule 9(2) of the Rules-Applicability of Penal provisions under Sections 56 and 57 of the Act-Held: Prohibition to increase its intoxicating power-Though contents of ethyl alochol by way of fermentation could go up to 12% in terms of Excise Mannual but in terms of D the Rules if it exceeds 8. 1% would attract penal provisions under ss. 56 and 57 of the Act-State imposing a condition, violation of which

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