K.R. SURAJ vs EXCISE INSPECTOR,PARAPPANANQADI

The Supreme Court held that the collection of samples under Section 31 of the Kerala Abkari Act, 1077, prior to its amendment in 1997, was illegal for prosecuting offences under Section 57A, as the Excise Inspector lacked authority to do so. The Court emphasized that the offences specified in the first part of Section 31 were triable by a Magistrate, while Section 57A offences were triable by a Court of Session, thus rendering the prosecution invalid. Consequently, the Court quashed the proceedings initiated against the appellants based on the improperly collected samples.