N.K. Balakrishnan, J.

The petitioners are accused Nos.1 to 4 in CR No. 78/2010 of Changanacherry Excise Range. The crime was registered alleging commission of offence punishable under Section 57(a) of Abkari Act. The first petitioner was stated to be the Manager and petitioners 2 to 4 were stated to be the licensees of toddy shop No. XIII in Changanacherry Excise Range in which toddy shop No. 47 is included. Two samples of toddy were taken from the aforesaid toddy shop on 28/09/2010. One sample was sent for chemical examination. The chemical examination report shows that the strength of the ethyl alcohol was 8.72% by volume which was in excess of the permissible strength - 8.1% by volume. Based on that report the licence was cancelled by the chemical examiner. The petitioner challenged the said order before this Court. The order passed by the Excise Commissioner was set aside by this Court pursuant to the application filed by the accused. The second sample was sent by the learned Magistrate for chemical examiner's report. As per Annexure - C report it was reported that the strength of the ethyl alcohol content was only 7.66% by volume. Since it is less than 8.1%, the offence