IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 10TH JUNE 2008 / 20TH JYAISHTA 1930 Crl.MC.No. 1928 of 2008() ------------------------- CP.99/2006 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOLLAM .................... PETITIONER:2ND ACCUSED ------------ BAIJU,S/O.SUDHAKARAN,IRATTAKOTTU VEETTIL KUREEPUZHA,KOLLAM WEST. BY ADV. SRI.B.KRISHNA MANI RESPONDENTS: ------------- 1. THE STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. THE EXCISE INSPECTOR EXCISE RANGE OFFICE KOLLAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 10/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C.No.1928 of 2008 ------------------------------------- Dated this the 10th day of June, 2008 ORDER The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the prosecution against the petitioner herein, wherein the only allegation is that the sample of toddy available at the toddy shop contained alcohol in excess of the prescribed percentage, can now be quashed in the light of the decision of the Supreme Court in State of Kerala v. Unni [2007 (1) KLT 151] as the relevant truth on the date of the offence has already been struck down. 2. This Crl.M.C is accordingly allowed as agreed. C.P.No.99 of 2006 pending before the Judicial Magistrate of the First Class, Kollam against the petitioner herein is hereby quashed. (R.BASANT, JUDGE) rtr/-