What exactly is the offence punishable under section 55 of the Kerala Abkari Act, Act 1 of 1077 (hereinafter referred to as 'the Act') is the question referred for decision of this Court. Main dispute is regarding the scope of sub-section (a) of section 55. According to the learned single Judge who referred the matter, there is a conflict between the decisions of the single Judges in Karthikeyan v. State of Kerala (2000 (3) KLT 639), Balan v. State of Kerala (2002 (3) KLT 161), George Issac v. State of Kerala (2004 (1) KLT 752) and Sabu v. State of Kerala (2003 (2) KLT 173). During hearing, another decision of the Division Bench in Surendran v. Excise Inspector (2004 (1) KLT 404) is also referred to. Reference was also made to the following decisions: Mariamma and another v. State of Kerala and others (1998 (1) KLT 286), Rajeevan v. Excise Inspector (1995 (1) KLT 38) and Purushan v. State of Kerala (2002 (2) KLT 661).

2. Before going to the issue in the matter, we may refer to the relevant statutory provisions regarding offence and proved under the Act. Section 55 of the Act is as follows:

"55. For illegal import, etc.:- Whoever in contravention of this Act or of any rule or order made under this Act

(a) imports, exports, transports, transits or possesses liquor or any intoxicating drug; or

(b) manufactures liquor or any intoxicating drug;

(c) xx xx xx

(d) taps or causes to be tapped any toddy-producing tree; or

(e) draws or causes to be drawn toddy from any tree; or

(f) constructs or works any distillery, brewery, winery or other manufactory in which liquor is manufactured; or

(g) uses, keeps or has in his possession any materials, still, utensil, implement or apparatus whatsoever for the purpose of manufacturing liquor other than toddy or any intoxicating drug; or

(h) bottles any liquor for purposes of sale; or

(i) sells or stores for sale liquor or any intoxicating drug; shall be punishable

(1) for any offence, other than an offence falling under clause (d) or clause (e), with imprisonment for a term which may extend to ten years and with fine which shall not be less than rupees one lakh and

(2) for an offence falling under clause (d) or clause (e), with imprisonment for a term which may extend to one year, or with fine which may extend to ten thousand rupees, or with both.

Explanation:- For the purpose of this section and section 64-A, "intoxicating drug" means any intoxicating substance, other than a narcotic drug or psychotropic substance regulated by the Narcotic Drugs and Psychotropic Substances Act, 1985 (Central Act 61 of 1985), which the Government may by notification declare to be an intoxicating drug."

Section 58 of the Act is as follows:

"58. For possession of illicit liquor:- Whoever, without lawful authority, has in his possession any quantity of liquor or of any intoxicating drug, knowing the same to have been unlawfully imported, transported or manufactured, or knowing the duty, tax or rental payable under this Act not to have been paid therefor, shall be punishable with imprisonment for a term which may extend to ten years and with fine which shall not be less than rupees one lakh."

3. Section 55B provides for penalty for rendering or attempting to render denatured spirit fit for human consumption. Section 56 provides for punishment for misconduct by licensees. Section 56 is as follows:

"56. For misconduct by licensee, etc:-

Whoever, being the holder of a licence or permit granted under this Act or being in the employ of such holder and acting on his behalf -

(a) fails to produce such licence or permit on the demand of any Abkari Officer or of any other officer duly empowered to make such demand; or

(b) willfully does or omits to do anything in breach of any of the conditions of his licence or permit not otherwise provided for in this Act; or

(c) xx xx xx

(d) permits drunkenness, riot or gaming in any place in which any liquor or intoxicating drug is sold or manufactured; or

(e) permits persons of notoriously bad char