IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 WP(C).No. 38124 of 2007(L) -------------------------------------- PETITIONER(S): ---------------------- N.V.VARKEY, AGED 65 YEARS, S/O.LATE VARKEY, NIRAPPEL HOUSE, VELLIYAMATTOM P.O., THODUPUZHA, IDUKKI DISTRICT. BY ADV. MR.M.G.KARTHIKEYAN MR.NIREESH MATHEW RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY, TAXES (A) DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXCISE COMMISSIONER, THIRUVANANTHAPURAM. 3. THE ASST.EXCISE COMMISSIONER, IDUKKI (OFFICE AT THODUPUZHA). 4. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, IDUKKI. R1 TO R4 BY GOVERNMENT PLEADER MR.V. MANU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/08/2009, ALONG WITH WPC.38151 OF 2007 AND CONNECTED CASES,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 38124/2007-L APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CRIME AND OCCURRENCE REPORT IN CR. NO.32/2007 REGISTERED BY THE 4TH RESPONDENT, DATED 08/12/2007. EXT.P2: COPY OF THE CHEMICAL ANALYSIS REPORT DATED 21/08/2007 ISSUED BY THE ASST. CHEMICAL EXAMINER TO GOVT. OF KERALA. EXT.P3: COPY OF THE NOTIFICATION G.O.(P)NO.24/2007/TD DATED 14/02/2007 ISSUED BY THE GOVT. OF KERALA. EXT.P4: COPY OF THE NOTIFICATION G.O.(P)NO.25/2007/TD DATED 14/02/2007 ISSUED BY THE GOVT. OF KERALA. EXT.P5: COPY OF THE INDIAN STANDARD FOR ALCHOLIC DRINKS-TODDY- SPECIFICATION ISSUED BY THE GOVT. OF KERALA. EXT.P6: COPY OF THE LETTER DATED 21/04/2003 SENT BY THE CHIEF CHEMICAL EXAMINER TO GOVT. OF KERALA TO THE EXCISE COMMISIONER. EXT.P7: COPY OF THE ORDER DATED 18/12/2007 IN WP(C) NO. 37439/2007 PASSED BY THIS HONOURABLE COURT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).Nos.38124/2007-L, 38151/2007-P, 6508/2008-Y, 6510/2008-Y, 7371/2008-C & 7372/2008-C = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 10th day of August, 2009. JUDGMENT There is no controversy that the issues raised in these writ petitions are covered in favour of the petitioners by the law laid down by this Court in Komalan v. State of Kerala, 2009 (2) KLT 744 and the order on review of that decision Dasan v. State of Kerala, 2009 (3) KLT 163. Accordingly, these writ petitions are allowed quashing the impugned prosecutions. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/100809