IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 20TH MARCH 2007 / 29TH PHALGUNA 1928 WP(C).No. 9232 of 2006(Y) ------------------------- CRIME NO.77 OF 2005 OF EXCISE DEPT., TRIVANDRUM .................... PETITIONER: ------------ SURESH KUMAR, S/O.NAGAPPAN, LICENSEE OF TODDY SHOP NO.4, (CICILIPURAM SHOP), THIRUVANANTHAPURAM RANGE, RESIDING AT SURESH BHAVAN, KUNNATHUKAL, KARAKONAM, THIRUVANANTHAPURAM. BY ADV. SRI.K.B.PRADEEP RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY(TAXES), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.S.U.NAZER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/03/2007, THE COURT ON 20/03/2007 DELIVERED THE FOLLOWING: WP(C).No. 9232 of 2006(Y) - 2 - APPENDIX PETITIONER'S EXHIBITS EXT.P1:TRUE COPY OF THE LICENCE DATED 22.8.05 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P2:TRUE COPY OF THE CRIME & OCCURRENCE REPORT NO.77 OF 2005 DATED 3.12.2005 DATED 3.12.05 FILED BY THE 2ND RESPONDENT BEFORE THE J.M.F.C, NEYYATTINKARA. /TRUE COPY/ P.A TO JUDGE R.BASANT, J ------------------------------------ W.P(C).No.9232 of 2006 ------------------------------------- Dated this the 20th day of March, 2007 JUDGMENT The learned counsel for the petitioner prays, the learned Government Pleader 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 Writ Petition is, in these circumstances, allowed. All proceedings in pursuance of Crime No.77 of 2005 of Excise Range Office, Thiruvananthapuram against the petitioner are hereby quashed. (R.BASANT, JUDGE) rtr/-