The central legal point established in the judgment is the competence of Excise Inspectors to file reports as complaints and the jurisdiction of the lower courts to take cognizance of the same under the Abkari Act, particularly in cases punishable under S.57A.

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. 4(d) empowers the Government to appoint officers to perform the acts and duties mentioned in S.40 to 53 inclusive of this Act. In exercise of the powers conferred under S.4 of the Act, notification, SRO 234/67 has been issued on 10.8.1967 by which all officers in the Excise Department not below the rank of Excise Inspector are appointed to perform the acts and duties mentioned in S.40 to 53 inclusive of the Act within the area for which they are appointed. It is not disputed that the Excise Inspectors who conducted the search, took samples and filed the reports are not appointed within the area where the respective shops are situated.

5. Relying on S.30, 31, 32, 34 and 50 of the Act, counsel for the petitioners argued that the powers conferred on the Abkari Officers under those Sections do not take in to deal with the case which comes under S.57A of the Act S.50 of the Act empowers the Abkari. Inspector to file a report before the Court having jurisdiction to try the case including the name of offenders and the articles seized. In such cases, the Magistrate is empowered to inquire into such offence and try the persons accused thereof in like manner as if complaint had been made before him as prescribed in the Code of Criminal Procedure. It was argued by counsel for the petitioners that it is only S.50 of the Act which empowers the Abkari Inspector to file a report and that too before the court which the Magistrate is empowered to try and as offence punishable under S.57A of the Act is triable exclusively by the Court of Sessions, the Abkari Inspector is not competent to file the report in a case punishable under S.57 A of the Act. It was also pointed out that appropriate amendments have been made by the Abkari (Amendment) Ordinance, 1997 which came into force on 3.6.1997 only incorporating suitable provisions in the Act which empowers the Inspector to deal with cases punishable under S.57A of the Act and to file report before the Court under S.50 of the Act.

6. S.31 of the Act is pressed into service by the Prosecutor who argued that despite the fact that S.57 A is not specified in S.30 and 31 of the Act, the Abkari Inspector has got power to deal with any offence under the Act S.31 of the Act is extracted hereunder:

Tower to certain abkari and police officers to search houses, etc, without warrant -

Whenever the Commissioner of Excise or any Abkari Officer not below such rank as may be specified by the Government in this behalf or any Police Officer not below the rank of Sub Inspector or a Police Station Officer, has reason to believe that an offence under S.8 or S.15C or S.55 or S.58B or S.56A or S.57 or S.58 or S.58A or S.58B of this Act has been committed and that the delay occasioned by obtaining a search warrant under the preceding section will pr