1. A common question arises in these Criminal Miscellaneous Cases and so they are being disposed of by a common order.

2. Reports are filed by the Excise Inspectors in the Court of Judicial First Class Magistrate/ Chief Judicial Magistrate alleging offence under various Sections of the Abkari Act including S.57A of the Abkari Act (hereinafter referred to as "the Act"). The Excise Inspector and party conducted search of liquor shops belonging to the accused and took samples of liquor which was sent to the chemical examiner who reported that the same contained noxious and other prohibited articles which are injurious to health and hence it is alleged that they committed offence punishable under S.57A of the Act as well.

3. The prayer in the petitions is to quash the proceedings pending before the respective courts on the ground that the Excise Inspectors are not authorised to conduct search, seizure, take samples from the arrack shops when offence alleged to have been committed is punishable under S.57A of the Act and to file a report before the Court.

4. S.2(6) of the Act defines Abkari Inspector thus : 'Abkari Inspector" means an officer appointed under S.4, clause (d)."

S.