Being proceedings involving a common question of law under the Kerala Abkari Act (for short 'the Act) and the Kerala Abkari Shops (Disposal in Auction) Rules 2002 (for short 'the Rules'), these cases were heard together, and are being disposed of by this common judgment.

2. The Excise Inspectors of different Ranges in Kerala lifted samples of toddy from different toddy shops on different dates, as part of a drive to examine the quality of toddy being sold under license in Kerala. On analysis of the samples of toddy in the laboratory those samples were found containing starch. On the basis of the report of analysis, the Excise Department, through different Excise Inspectors initiated prosecution and registered crimes under Sections 56 (b) and 57 (a) of the Act against the licensees and salesmen of those toddy shops.

3. Section 56 (b) of the Act reads as follows:

Whoever, being the holder of a licence or permit granted under this Act, or being the employee of such holder and acting on his behalf.

(a) xxxxxxxx

(b) Wilfully does or omits to do anything in breach of any of the conditions of his licence or permit not otherwise provided for this Act.

xxxxxxxx

(d) xxxxxxx

(e) xxxxxxx

shall, on conviction before a Magistrate, be punished for each such offence with imprisonment for a term which may extend to six months, or with fine which may extend to twenty five thousand rupees, or with both.

4. Section 57(a) of the Kerala Abkari Act reads as follows:

Whoever being the holder of licence for the sale or manufacturer of liquor or of any intoxicating drug under this Act.

(a) mixes or permits to be mixed with the liquor or intoxicating during, sold or manufactured by him, any drug, other than a noxious drug or any ingredient likely to add to its actual or apparent intoxicating quality or strength, or any article prohibited other than an article which the Government shall deem to be noxious by any rule made under Section 29, clause (k), when such admixture shall not amount to the offence of adulteration under Section 272 of the Indian Penal Code.

(b) xxxxxxxx

(c) xxxxxxxx

(d) xxxxxxx

Shall, on conviction before a competent court, be punished for each such offence with imprisonment for a term which may extend to five years, or with fine which may to extend to fifty thousand rupees, or with both.

5. Section 24 of the Act provides that every license or permit granted under the Act shall be subject to such restrictions and conditions as prescribed under the Act and the Rules made thereunder.

6. Rule 2(n) of the Kerala Abkari Shops Disposal Rules, as it stands amended in 2007, contains the definition of Toddy, that Toddy means fermented juice drawn from any Coconut, Palmyra, or Choondapana palms, and conforming to such specification and restrictions as may be notified by Government, based on scientific studies and Indian Standard Specifications. Thus it is quite clear that any licensee or salesman found selling toddy, which does not conform to the definition of toddy under Rule 2(n) of the Rules, or which does not conform to the standards prescribed under Rule 9(2) of the Rules can be prosecuted under Section 56(b) of the Kerala Abkari Act. Such a person can also be prosecuted under Section 57(a) of the Act, for violation of Rule 9(2) of the Rules which reads as follows, after the amendment made to the Rules in 2007 (2) No toddy other than that drawn from Coconut, Palmyra or Choondapana palms and on which tree-tax due under the Act has been paid shall be sold by the licensee. All toddy kept or offered for sale shall be natural and conforming to such specifications, and complying to such restrictions as may be notified by Government under clause (n) of Rule 2. Nothing shall be added to it to increase its intoxicating quality or strength or to alter its natural composition or for any other purpose.

7. Thus adding anything to toddy with the object of increasing its intoxicating quality or strength, or altering the natural composition of toddy for an