IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 20TH MARCH 2007 / 29TH PHALGUNA 1928 Crl.MC.No. 918 of 2006() ---------------------------------- (CR.NO.63/2004 OF THE EXCISE RANGE OFFICE, KOLLAM) PETITIONER: ACCUSED: ----------------------------------- BAIJU, AGED 32 YEARS, S/O. BHARGHAVAN, KOIPPURATH HOUSE, UDAYAMARTHANDAPURAM, MUNDACKAL VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT. BY ADV. SRI.C.C.THOMAS RESPONDENT: COMPLAINANT: ----------------------------------------------- STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, KOLLAM BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZER THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 20/03/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C.No.918 of 2006 ------------------------------------- Dated this the 20th day of March, 2007 ORDER The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that in the light of the decision in State of Kerala and Others v. Unni and another [2007(1) KLJ (S.C) 97], this prosecution in which the only allegation is that the percentage of Ethyl Alcohol exceeds the permissible figure cannot be sustained. This Crl.M.C is, in these circumstances, allowed. All proceedings in pursuance of CR.NO. 63 of 2004 of Excise Range Office, Kollam against the petitioner are hereby quashed. (R.BASANT, JUDGE) rtr/-