IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 4TH MARCH 2009 / 13TH PHALGUNA 1930 Crl.MC.No. 4163 of 2005() ------------------------- CRIME NO.31/05 OF EXCISE RANGE, KATTAPPANA PETITIONER(S): ACCUSED. ---------------------------- 1. RARICHAN GEORGE, S/O.GEORGE, KUZHIKUTHIYANI HOUSE, KANJIYAR, IDUKKI DISTRICT. 2. CHANDRAN, S/O.SREEDHARAN, CHERIANOLIKKAL HOUSE, SWARAJ, AYYAPPANKOVIL VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.JOICE GEORGE RESPONDENT(S): COMPLAINANT. ----------------------------------- STATE OF KERALA, (EXCISE INSPECTOR OF KATTAPPANA RANGE, CRIME NO. 31/05, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI C.M.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.M.A.NO.15043/05 IN CRL.M.C.NO.4163/05 //DISMISSED// 04.03.09 SD/-M.C.HARI RANI, JUDGE. TRUE COPY P.A.TO JUDGE M.C.HARI RANI, J. ----------------------------------------------------- CRL.M.C.No.4163 OF 2005 ----------------------------------------------------- DATED THIS THE 4th DAY OF MARCH, 2009 O R D E R Petitioners face indictment in a prosecution under Section 57(a) of the Kerala Abkari Act. Cognizance has been taken on the basis of final report submitted by the Investigating Officers. The crux of the allegations is that the sample of toddy which was collected from the toddy offered for sale in the toddy shop No.14/05-06 on 27.5.2005 contained ethyl alcohol in excess of the prescribed quantity under the relevant stipulations of the Kerala Abkari Shops Disposal Rules, 2002. 2. The learned counsel for the petitioners submits that the said relevant Rules have since been struck down by the decision of the Supreme Court in State of Kerala v. Unni ( 2007(1) KLT 151) and in these circumstances, there can be no valid prosecution against the petitioners. The learned counsel for the petitioners also submits that the petitioners are entitled to get the proceedings against them quashed. 3. The learned Public Prosecutor, submits that the State CRL.M.C.No.4163/05 -2- has no objection in quashing the prosecution against the petitioners. I find the request of the petitioners to be absolutely justified. Similar proceedings have already been quashed. It is not necessary to advert to the facts in any greater detail in this order. In these circumstances, the Crl.M.C. is allowed. The prosecution pending against the petitioners are hereby quashed. M.C.HARI RANI, JUDGE. dsn