Koshy, J.

Due to the apparent conflicting views taken by the learned Single Judges in the decisions reported in Vikraman v. State of Kerala (ILR 2006(4) Kerala 932) and Sabu v. State of Kerala [2007 (3) KLJ 157] this case is referred to the Division Bench. The question to be answered is whether Magistrate can take cognizance of an offence under the Abkari Act on the basis of a report filed by Assistant Sub Inspector of Police, who is not an Abkari Officer as defined under the Abkari Act.

2. This appeal is filed against the judgment in S.C.No.219 of 2000 on the file of the District and Sessions Court, Fast Track (Ad hoc- II), Kozhikode. Appellant faced trial for offence under Section 55(a) of the Abkari Act. The report (concerned) was filed by Assistant Sub Inspector of Police, Edacheri Police Station. The allegation was that the appellant was found in possession of 19 bottles, each containing 180 ml. (total 35 litres) of Indian made foreign liquor without having permit or the sticker of Kerala State Beverages Corporation as against the provisions of the Abkari Act and Foreign Liquor Rules and therefore he committed offence under Section 55(a) of the Abkari Act. According