1. Petitioners are accused in Crime No. 869 of 2010 of Pathanapuram Police Station for offences punishable under Secs. 55(a) and (i) and 56(b) of the Abkari Act (for short, "the Act").

Petitioners are the licensee, Manger and Security, respectively of a bar attached hotel at Pathanapuram. Prosecution case is that on 07.08.2010 petitioners sold Indian Made Foreign Liquor (for short, "the IMFL") before sunrise and thereby committed offences as above stated. Sub Inspector of Police, Pathanapuram is said to have detected the offence on the said day at 4.30 a.m and arrested petitioners 2 and 3 at the spot. Annexure-A is the FIR while Annexure-B is the search list. Contention raised in this petition is that if at all the allegations are accepted, it only revealed commission of offence punishable under Sec.56(b) of the Act which is compoundable under Sec.67A of the Act as introduced by Act 3 of 2010. It is therefore prayed in this proceeding that Annexure-A, FIR to the extent it concerned offences punishable under Sec.55(a) and (i) of the Act may be quashed.

2. I have heard learned Senior Advocate appearing for petitioners and the learned Public Prosecutor. Learned Senior Advo