1. This is an application filed by the accused Nos.1 to 6 in C.C. No.277 of 2013 on the file of the Judicial First Class Magistrate Court, Vaikom to quash the proceedings under S.482 of the Criminal Procedure Code.

2. It is alleged in the petition that petitioners were arrayed as accused Nos.1 to 6 in Crime No.26/2013 of Vaikom Excise Range of Kottayam District. Petitioners 2, 4 to 6 are joint licensees of all the toddy shops in Group No.V of Vaikom Excise Range. On 29.10.2007 the excise Inspector of Vaikom Excise Range conducted inspection of toddy shops PS.No.39/2007-2008 and collected sample from the toddy shop kept for sale and one of the sample labeled as A sample was sent for analysis and Annexure-A chemical analysis report was obtained in which it was mentioned that the sample contained 8.31% by volume of ethyl alcohol which is in excess of the allowed quantity of 8.1% by volume of ethyl alcohol as per Rule 9(2) of the Kerala Abkari Shops Disposal Rules, 2002. On the basis of the request made by the petitioners the second sample was also sent for analysis and Annexure-C report was obtained which shows that it is having only 7.26% by volume of ethyl alcohol which is les