1. Bacchus, if he were alive today, might have relished and enjoyed a goblet of toddy from the God's own country. But the short question that has come up for consideration in this Original Petition would have definitely rattled and bamboozled Bacchus.

2. The question : Is the licensee of a toddy shop liable to be prosecuted under S.57(a) of the Kerala Abkari Act (for short 'the Act') if the toddy kept for sale in the shop is found to have contained alcohol in excess of the permissible limit of 8.1 % v/v?

3. It is admitted that the sample of toddy taken from the toddy shop of the licensee (petitioner No.2) is found to have contained 9.5% by volume of ethyl alcohol in Ext.P1 Report of Chemical Examiner. On the basis of the above Report of Analysis Petitioner No.2, the licencee of the toddy shop and petitioner No.1, his employee were proceeded against and a crime was registered against them under S.56(b) and 57(b) of the Act. The gravamen of the charge levelled against the petitioners as revealed from Ext.P2 Crime and Occurrence Report is that the sample of toddy taken for analysis from the toddy shop belonging to petitioner No.2 is found to have contained 9.50% v/v of ethyl