1. Question raised for a decision in these petitions is whether, based on the report of chemical examination on the second sample produced by the Investigating Officer in court under Rule 8 (3) of the Kerala Abkari Shops Disposal Rules (for short, "the Rules") prosecution launched against the accused based on the report of chemical examination on the first sample could be quashed?

2. Short facts necessary for a decision of the question are: Petitioners are the accused in cases registered by the Abkari Officer for various offences under the Abkari Act (for short, "the Act"). They are licensees of toddy shops in Kodungallur and Aluva Excise Ranges. The Abkari Officer collected samples of toddy from the shops of the accused. The first samples were subjected to chemical examination on the request of the Abkari Officers and the report (Annexure-C) revealed that it contained Ethyl Alcohol exceeding 8.1% v/v which is the permissible limit under Rule 9(2) of the Rules as amended with effect from 01.04.2007 (The validity of the said amendment has been upheld by the Division Bench of this Court in Komalam v. State of Kerala and Others (2009 [2] KHC 514). The second samples drawn by