IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 Crl.MC.No. 3454 of 2008() ------------------------- CRIME & OCCURRENCE REPORT NO.110/99 OF KOLLAM EXCISE RANGE CP.99/2006 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOLLAM .................... PETITIONER/A5: --------------- MARGRATE FRANCO,W/O.LASARUS FRANCO, MARIYALAYAM,SAKTHIKULANGARA,KOLLAM. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD RESPONDENT(S): --------------- 1. STATE OF KEALA REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM-31. 2. THE EXCISE INSPECTOR,KOLLAM EXCISE RANGE,KOLLAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3454 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of September, 2008 O R D E R The petitioner faces indictment as the 5th accused in a prosecution for offences punishable under Section 57A of the Kerala Abkari Act. The crux of the allegations is that she, as the licensee of a toddy shop, had kept toddy containing 23.14% of Ethyl alcohol for sale. 2. The learned counsel for the petitioner prays, the learned Prosecutor does not oppose the said prayer and I am satisfied that in the light of the decision in State of Kerala v. Unni (2007 (1) KLT 151 (SC) the petitioner is entitled to have the prosecution against her quashed. 3. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail. 4. This Crl.M.C. is accordingly allowed. C.P.99 of 2006 pending before the JFMC-I, Kollam in so far as it relates to the petitioner/A5 is hereby quashed. (R. BASANT) Judge tm