The trial Court permitted and accordingly the samples were sent to the above laboratories for chemical analysis.
The appellants herein filed Review Petition before the High Court seeking review of the said order which was also dismissed by the High Court.
The above laboratories, after chemical analysis, sent their reports stating that the toddy samples companytain Alprazolam, which substance is injurious to health.
After receipt of the above reports, the companycerned Prohibition and Excise officials, by their various proceedings, suspended licenses of the respondents herein.
The respondents filed various writ petitions challenging the suspension order before the High Court and companytended that the instant chemical analysis at the time of seizure does number disclose any adulteration and sending the samples to the independent laboratories other than the Government laboratories is violative of Rule 24 of the A.P. Excise Rules.
The short facts leading to the filing of these appeals are as under The respondents herein are all members of Toddy Tappers Cooperative Societies.
Counter affidavits and additional companynter affidavits were filed on behalf of the appellants herein before the High Court explaining the legal and factual position.
The amended Rule reads as follows In the said Rules, for Rule 24, the following shall be substituted namely Drawal of Samples Any Excise Officer, number below the rank of the sub Inspector of Excise or Food Inspector appointed under the Prevention of Food Adulteration Act, 1954, shall be companypetent, any time, to take samples of arrack or toddy, in the possession of the licensee or any other person storing arrack or toddy, for the purpose of analysis.
Such officer shall take three samples in the presence of the licensee or his agent or any other person in charge of the licensed premises or who is found selling toddy in the said premises, after companyducting a Panchanama.
01.07.2002.
As the Government Laboratories are number well equipped with sophisticated technology for detecting adulteration, the companycerned excise officials sought permission of the trial Court for sending the samples to the Indian Institute of Chemical Technology and Forensic Sciences Laboratory, Hyderabad for chemical analysis.
On 26.08.2002, 42 shops were raided out of which 29 shops were found to companytain numberadulterated toddy on the spot and the F.I.Rs were registered.
The sample shall be sent to the Court with a requisition to send, one of the samples expeditiously to the Chemical Examiner of the Excise Department having jurisdiction in the region, in which licensed premises are situated, or to any independent laboratory as instructed by the Commissioner of Prohibition and Excise, for chemical Examination.
Dr. AR.
Lakshmanan,J. These appeals were filed by the Prohibition and Excise Superintendent of various divisions and districts of Andhra Pradesh against the final judgment dated 10.01.2003 of the High Court of Judicature, Andhra Pradesh in Writ Petition Nos.
The facts leading to these appeals being practically are the same, they are being disposed of by this companymon judgment by companysent of parties.
Aggrieved by the same, the State has preferred all the above appeals questioning the companyrectness and legality of the order impugned in these appeals.
