IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 WP(C).No. 7829 of 2008(F) ------------------------- PETITIONERS: ------------ 1. PONNUNNI, S/O. SIVAN, RESIDING AT VETTUKALLUMAKKAL HOUSE, RAJAKKAD VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. 2. PRASAD, S/O. LUKOSE, RESIDING AT MAPPILAVEETTIL HOUSE, RAJAKKAD VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. BY ADV. SRI.JOICE GEORGE RESPONDENTS: STATE ------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, TAXES (A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXCISE COMMISSIONER, OFFICE OF THE EXCISE COMMISSIONER, THIRUVANANTHAPURAM. 3. THE ASSISTANT EXCISE COMMISSIONER, THODUPUZHA, OFFICE OF THE ASST. EXCISE COMMISSIONER, THODUPUZHA P.O., IDUKKI DISTRICT. 4. THE EXCISE INSPECTOR, UDUMBANCHOLA EXCISE RANGE, EXCISE RANGE OFFICE, UDUMBANCHOLA P.O., IDUKKI DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2008, ALONG WITH WPC NO. 7847 OF 2008 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` W.P.(C) Nos. 7829, 7847, 7848, 7874 and 7894 OF 2008 ```````````````````````````````````````````````````` Dated this the 25th day of March, 2008 J U D G M E N T 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 drawn from the toddy offered for sale 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 submit that the said relevant Rules have since been strucked down by the decision of the Supreme Court in State of Kerala Vs. Unni [2007 (1) KLT 151] and in these circumstances, there can be WPC.7829/08 & connected cases : 2 : no valid prosecutions against the petitioners. The learned counsel for the petitioners submit that the petitioners are entitled to get the proceedings against them quashed. 3. Notice was given to the learned Government Pleader. The learned Government Pleader, after taking instructions, submits that the State has no objection against the prosecutions against the petitioners being quashed. 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 judgment. These writ petitions are, in these circumstances, allowed. The prosecutions pending against the petitioners are hereby quashed. 4. Hand over copy of this judgment to the learned counsel for the petitioners. (R.BASANT, JUDGE) aks