P.K. Balasubramanyan, J. This is a reference made on the basis of a report submitted by the Principal Assistant Sessions Court, Thrissur submitting that the case, S.C. No. 24 of 1995 made over to him for trial by the Sessions Court, Thrissur could not be tried by him effectively in view of the fact that before committing the case to the Sessions Court, the Judicial First Class Magistrate had not conducted an enquiry in terms of S.202 of the Code of Criminal Procedure. The learned Principal Assistant Sessions Judge has reported that since he has got no power to send back the records to the Magistrate concerned for conducting an enquiry in terms of S.202(2) of the Code of Criminal Procedure, the matter is being referred to this Court.

2. We have heard the learned Public Prosecutor. Though served with notice, the accused have not appeared.

3. The Assistant Sessions Judge appears to be of the view that the Judicial First Class Magistrate should have conducted an enquiry under S.202 of the Criminal Procedure Code before committing the case to the Court of Session. The proceedings before the Magistrate arose out of the filing of a report by the Excise Inspector, Cherpu Range, an Abkari Officer, within the meaning of the Abkari Act, against the accused before the judicial 1st Class Magistrate Court-I, Trichur, for the offences punishable under Ss.56 and 57(iii) of the Abkari Act on the primary allegation that methyl alcohol was detected in the arrack kept for sale in the arrack shop run by the accused. Since the offence was exclusively triable by the Court of Session, the Magistrate committed the case to the Court of Session in terms of S.50A of the Abkari Act. The case was made over by the Sessions Judge to the Principal Assistant Sessions Judge. It is thereafter that the reference has been made on the basis of the view of the Assistant Sessions Judge that an enquiry under S.202.of the Code of Criminal Procedure was mandatory before committing the case to the Court of Session.

4. The relevant provisions of the Abkari Act may be referred to first. S.3(2) of the Act defines an Abkari Officer as meaning the Commissioner of Excise or any officer or other person lawfully appointed or invested with powers under Ss.4 and 5 of the Act. S.4 contemplates the issuance of a notification appointing the officers under the Act. S.4(d) contemplates appointment of officers to perform the acts and duties mentioned in Ss.40 to 53 of the Act. S.30 of the Act confers power on a Magistrate or the Commissioner of Excise, to issue a search warrant if he has reason

to belive that an offence under the Act has been committed. S.31 of the Act confers power on certain Abkari and police officers to make searches without warrant. The power to enter and inspect and in case of resistance, to make entry by force are also provided. S.34 of the Act confers powers to arrest the offenders and to seize the contraband liquor and vehicles and other adjuncts used for manufacturing or transporting contraband liquor. Sub-s.2 of S.34 provides that the provisions of the Code of Criminal Procedure, 1973 shall apply in so far as they are not inconsistent with the provisions of the Act to all arrests, searches and seizures made under the Act. S.35 provides for arrest of a person refusing to give his name or for giving a false name. S.36 of the Act provides that all searches under the provisions of the Act shall be made in accordance with the provisions of the Code of Criminal Procedure, 1973. The proviso says that the persons called upon to attend and witness searches, shall include at least two persons neither of whom is an Abkari, Police or Village Officer. S.40 lays down the procedure to be followed by an officer on arrest and seizure. S.41 deals with the disposal of the persons arrested. S.41A provides that notwithstanding anything contained in the Code of Criminal Procedure, 1973, every offence punishable under the Act shall be cognizable and that no person accused of