( 1 ) IT is the case of the prosecution that the Excise Police visited the licensed toddy shop of the petitioner. They suspected adulteration of toddy and therefore, they drew some samples and sent them to the concerned authority for analysis. The analyst after analysis gave opinion that the toddy sample contained Diazepam and therefore it was adulterated. The violations against the present petitioner are under Rules 24 and 34 of the A. P. Excise (Arrack and Toddy Licence General Conditions) Rules 1969, and under Section 36 read with Section 81 (1) (b) of the A. P. Excise Act, 1968. Rule 24 of the above said Rules deals with drawal of samples while Rule 34 deals with the power of Excise Officials to enter and inspect any shop and test arrack or toddy therein. There is no Section 81 (1) (b) of the A. P. Excise Act. The Act contains only 73 Sections in all. Section 36 of the Excise Act deals with penalty for misconduct of licensees etc. The charge levelled against the petitioner is under Section 36 of the A. P. Excise Act whereunder the maximum imprisonment does not exceed two years.

( 2 ) LEARNED counsel for the petitioner contended that as there is no classification