IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 OP.No. 9658 of 2001(Y) ---------------------- PETITIONER: ------------ SAJEEVAN, VELIYIL VEEDU, VALATHUNGAL CHEFFY, ERAVIPURAM VILLAGE. BY ADV. SRI.P.B.SURESH KUMAR RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 2. THE COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM 3. THE ASST. EXCISE COMMISSIONER, KOLLAM 4. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, KOLLAM 5. KERALA STATE BEVERAGES (MANUFACTURING & MARKETING) CORPORATION LTD., THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR. BY GOVERNMENT PLEADER SRI.K.V.MANOJ THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 25/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.NO.9658/2001. APPENDIX. PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE CHEMICAL ANALYSIS REPORT ISSUED BY THE ASST. CHEMICAL EXAMINER TO GOVT. OF KERALA DATED 31-1-1998. EXT.P2. PHOTOCOPY OF CHARGE SHEET/FINAL REPORT RECEIVED FROM THE JUDICIAL MAGISTRATE OF THE FIRST CLASS II, KOLLAM IN C.R.NO.29/98 OF KOLLAM EXCISE RANGE. EXT.P3. TRUE COPY OF ORDER IN C.M.P.NO.2928/2001 IN O.P.NO.1728/2001 DATED 17-1-2001. KURIAN JOSEPH, J. ----------------------------------------- O.P. No.9658 of 2001 ----------------------------------------- Dated this the 25th day of January, 2008 JUDGMENT The issue raised in this writ petition is covered against the petitioner by the decision of this court in Sunil v. State of Kerala, 2006 (2) KLT 851. Therefore, this writ petition is dismissed without prejudice to the liberty to the petitioner to file an application for compounding in accordance with law. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- O.P.No.9658 of 2001 ----------------------------------- JUDGMENT 25th January, 2008