1. The petitioner, the 1staccused in C.C. No. 589 of 2013 on the files of Judicial First Class Magistrate, Vaikom has approached this Court through this petition seeking to quash Annexure A5 final report laid by the Excise Range, Vaikom after concluding the investigation in Crime No.19/2013.

2. The averments of the petitioner in brief are as follows:

The Preventive Officer of the Excise Circle Office, Vaikom and party conducted inspection in Toddy shop No.45/10-11 of Kaduthuruthy Excise Range of which the petitioner was the licensee at 5 p.m. on 17.10.2010 as per the direction of the Circle Inspector of Excise, Vaikom and took toddy therefrom, divide the same so taken into two parts and put each part into separate bottles marked as Annexures A and B. one among the samples bearing marking ‘A’ was sent for chemical examination to the Chemical Examiner’s Laboratory, Thiruvananthapuram and the certificate of analysis as Annexure A1 was obtained therefrom. In the report, the Chemical Examiner has reported the quantity of Ethyl Alcohol in the sample of toddy as 8.39%. since the quantity of Ethyl Alcohol preset in the toddy exceeds the permissible quantity of Ethyl Alcohol, a crim