IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 WP(C).No. 36730 of 2007(V) ---------------------------------------- PETITIONER(S): ------------------------- K.ANILKUMAR, AGED 36 YEARS, S/O.NARAYANAN, KAKKANATTU HOUSE, AYARKUNNAM P.O., KOTTAYAM DISTRICT. BY ADVS. MR.M.G.KARTHIKEYAN, MR.NIREESH MATHEW. RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, TAXES (A) DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXCISE COMMISSIONER, THIRUVANANTHAPURAM. 3. THE ASST. EXCISE COMMISSIONER, KOTTAYAM. 4. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, KURAVILANGADU, KOTTAYAM DISTRICT. R1 TO R4 BY GOVERNMENT PLEADER MR. V. MANU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/08/2009 ALONG WITH WPC NO. 36722 OF 2007,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.36730/2007 V APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE CRIME AND OCCURRENCE REPORT IN C.R.NO.14/2007 REGISTERED BY THE 4TH RESPONDENT, DTD. 30/01/2007. P2: COPY OF THE CHEMICAL ANALYSIS REPORT DTD. 26/06/2007 ISSUED BY THE ASST.CHEMICAL EXAMINER TO GOVT. OF KERALA. P3: COPY OF THE NOTIFICATION, G.O.(P) NO.24/2007/TD DTD. 14/02/2007 ISSUED BY THE GOVT. OF KERALA. P4: COPY OF THE NOTIFICATION, G.O.(P) NO.25/2007/TD DTD. 14/02/2007 ISSUED BY THE GOVT. OF KERALA. P5: COPY OF THE INDIAN STANDARD FOR ALCOHOLIC DRINKS-TODDY- SPECIFICATION ISSUED BY THE GOVT. OF KERALA. P6: COPY OF THE LETTER DTD. 21/04/2003 SENT BY THE CHIEF CHEMICAL EXAMINER TO GOVT. OF KERALA TO THE EXCISE COMMISSIONER. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).Nos.36722 & 36730 OF 2007 ------------------------------------------- Dated this the 7th day of August, 2009 JUDGMENT The questions raised in these writ petitions are covered in favour of the petitioners by judgments reported in Komalan v. State of Kerala & Others [2009(2) KHC 514 (DB)] and Dasan v. State of Kerala & Others [2009(3) KHC 177 (DB)]. Accordingly, these writ petitions are allowed quashing the impugned prosecutions. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.11/8.