Koshy, J.

Power of Abkari Officers to file complaints when samples taken during inspection conducted under section 32 of the Kerala Abkari Act (Act No. 1 of 1077) are found to be adulterated with noxious substances before amendment of the Act by Act No. 16 of 1997 is the question to be considered in this case. A contention was raised by the petitioners that in view of the observation made by the Apex Court in Suraj v. Excise Inspector (2001 (1) KLT 169 SC), entire proceddings are illegal since power of the Abkari Officers under section 32 was not considered by the Supreme Court in the above decision and one of us (K. Padmanabhan Nair, J.) sitting in single referred the matter to the Division Bench. For understanding the question, we may now refer the facts of the case first.

2. Petitioners are the accused in Crime No. 2/96 of Alathur Excise Range on the file of the Judicial First Class Magistrate's Court, Alathur. They are Salesman, Power of Attorney Holder and licensee respectively of toddy shop No. 78/96-97 of Alathur range. Samples of toddy was taken from their shop and on analysis it was found that it contained Chloral Hydrate, a hypnotic drug, and it was unfit for hy