Supreme Court of India · 2000-12-04
K.R.Suraj vs The Excise Inspector, Parappananqadi & ...
- Citation / case number
- AIRONLINE 2000 SC 72
- Court
- Supreme Court of India
- Petitioner
- K.R.Suraj
- Respondent
- The Excise Inspector, Parappananqadi & ...
- Author
- Syed Shah Mohammed Quadri
- Bench
- S.N.Phukan, Syed Shah Mohammed Quadri
Judgment text excerpt
The Supreme Court granted leave to appeal in cases arising from the Kerala High Court's dismissal of petitions to quash proceedings initiated under Section 31 of the Kerala Abkari Act, 1077. The Court held that the Excise Inspector lacked authority to collect samples for prosecution under Section 57A prior to the 1997 amendment, rendering such prosecutions illegal. Consequently, the Court quashed the proceedings against the appellants, establishing that retrospective application of amended provisions without explicit legislative intent is impermissible.