R. Basant, J.

1. Are the amendments to Rule 2(n) and Rule 9(2) of the Kerala Abkari Shops Disposal Rules, 2002 (for short `the Rules') brought in by Ext.P3 Notification consequent to the decision of the Supreme Court in State of Kerala v. Unni (2007 (1) K.L.T. 151) and the later Notification - Ext.P4, legal valid and constitutional? Do they and the consequent prosecutions initiated against the petitioners herein deserve to be quashed? These are the questions that arise for consideration in these proceedings.

2. To the crucial and vital facts first. The petitioners are allegedly the licensees and their employees of toddy shops. They face prosecutions for offences punishable, inter alia, under Secs.57(a) and 56(b) of the Kerala Abkari Act (for short `the Act'). The crux of the allegations raised against them is that toddy which was allegedly kept in their premises for sale was found to contain ethyl alcohol in excess of 8.1%. The prosecution alleges that the ethyl alcohol present in excess of 8.1% in toddy is not a natural ingredient of toddy and is a foreign ingredient and that the same enhances the intoxicating quality of toddy kept in their possession for sale by the petitio