R. Basant, J.

The petitioner face indictment in a prosecution under S.57(a) and 56(b) of the Kerala Abkari Act. They are Salesman and Licensee respectively of a duly licensed toddy shop. The crux or the gravamen of the allegation is that samples of toddy drawn from the Petitioner's business premises on 30-10-2005 at 7.30 p.m. were sent for chemical examination, two of the said samples answered the test for starch positively. It is on this only and primary fact that the allegation is raised that the petitioners is liable to be punished under S.57(a) and 56(b) of the Kerala Abkari Act. No other allegations whatsoever are raised. The chemical examiner's report clearly shows that there was no noxious ingredients injurious to health available in the toddy. The investigation is pending and final report has not been filed so far submits the learned Public Prosecutor.

2. The learned counsel for the petitioners contends that even if the allegations were accepted in toto, the allegations do not constitute the offence punishable under S.57 (a) of the Kerala Abkari Act and consequently there can be no allegation of any infraction of the provisions of S.56(b) of the Abkari Act also.

3.