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

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