IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 23RD OCTOBER 2009 / 1ST KARTHIKA 1931 Crl.MC.No. 3239 of 2009 --------------------------------------- CR.30/2002 of EXCISE RANGE OFFICE, SASTHAMCOTTA ........... PETITIONERS/ACCUSED NOS. 1 TO 5: 1. AJAYAN PILLAI, AGED 31 YEARS, S/O.GOPINADHAN PILLAI, KANAKKATHARA HOUSE, AYTHOTTUVA MURI, KALLADA VILLAGE, KUNNATHOOR TALUK, KOLLAM DISTRICT. 2. VASUDEVAN, AGED 80 YERAS, S/O.VELUMBAN, KADAVIL HOUSE, ADINADU NORTH, ADINADU P.O. KARUNAGAPPALLY, KOLLAM DISTRICT. 3. N.NATARAJAN, AGED 65 YEARS, S/O.NEELAKANDAN, AKKANADU HOUSE, VADAKKEVILA VILLAGE, MANAKKARACHERRY, KOLLAM DISTRICT. 4. ANU.B., AGED 35 YEARS, S/O.BHASKARAN, ANU BHAVANAM, ILIPPAKULAM, VALLIKUNNAM, ALAPPUZHA DISTRICT. 5. SUSEELA, AGED 60 YEARS, W/O.BHASKARAN, ANU BHAVANAM, ILIPPAKULAM, VALLIKUNNAM, ALAPPUZHA DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, SASTHAMCOTTA, KOLLAM DISTRICT. REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3239 of 2009 -------------------------- ORDER Petitioners are accused 1 to 5 in C.R.No.30/2002 of Excise Range Office, Sasthamcotta. Prosecution case is that first petitioner was the sales man and petitioners 2 to 5, the licensees of T.S.No.5 of Sasthamcotta Excise Range for the abkari year 2000-01 and on 11.12.2000, sample of toddy was taken from the said toddy shop and sent for chemical analysis and under Annexure-B report of chemical analysis, 9.58% of ethyl alcohol was detected, based on which Annexure-A crime and occurrence report was prepared and case was registered for the offence under Section 56(b) of Abkari Act. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that in view of the decision of this Court in Unni v. State of Kerala (2003 (3) KLT 306), which was confirmed by the Apex Court, where under, Rule 7(2) of Kerala Abkari Shops (Disposal in Auction) Rules, 1974 (hereinafter referred to as 'the Rules') was struck down, petitioners cannot be prosecuted and hence the proceedings is to be quashed. Reliance was placed CRMC 3239/09 2 on the decisions of this Court in Annexure-D order in Crl.M.C.No.4291/2005 and Annexure-E judgment in W.P.(C) No.8211/2008, wherein, similar proceedings have been quashed, following the decision of the Apex Court. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. Following the decision of the Apex Court in Unni's case (supra), this Court by Annexure-D order and Annexure-E judgment, which was followed in Crl.M.C.No. 2762/2009 dated 9.10.2009, had already quashed similar criminal proceedings on the ground that as Rule 7(2) of the Rules was struck down and the amended Rule came into effect only from 14.2.2007. Sample in this case was taken on 11.12.2000 when Rule 7(2) of the Rules, which was struck down, was in force. It was prior to the coming into effect of the new Rule. Hence, the prosecution can only be quashed. Petition is allowed. C.R.No.30/2002 of Forest Range Office, Sasthamcotta is quashed. 23rd October, 2009 (M.Sasidharan Nambiar, Judge) tkv