IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 Crl.MC.No. 3384 of 2008() ------------------------- C.R.NO.102/2002 OF UDUMBANCHOLA EXCISE RANGE .................... PETITIONER(S): 2ND ACCUSED -------------------------- PONNUNNI, S/O.SIVAN, RESIDING AT VETTUKALLUMAKKAL HOUSE, RAJAKKAD VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. BY ADV. SRI.JOICE GEORGE RESPONDENT(S): STATE -------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE INSPECTOR, UDUMBANCHOLA EXCISE RANGE, EXCISE RANGE OFFICE, UDUMBANCHOLA P.O., IDUKKI DISTRICT. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3384 of 2008 ---------------------------------------- Dated this the 30th day of September 2008 O R D E R The petitioner faces indictment as the second accused in a prosecution under Section 56 (b) of the Kerala Abkari Act. The crux of the allegations against the petitioner is that he was found to keep in his possession toddy containing ethyl alcohol exceeding the maximum limit prescribed for ethyl alcohol in palm toddy. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied in the light of the decision in State of Kerala v. Unni [2007(1) KLT 151] the prosecution against the petitioner is liable to be quashed. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail. 3. In the result, a) this Crl.M.C is allowed. b) Crime No.102/2002 registered by the Udumbanchola Excise Range in so far as it relates to the petitioner/second accused is hereby quashed. (R.BASANT, JUDGE) jsr Crl.M.C.No. 2 Crl.M.C.No. 3 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008