IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 Crl.MC.No. 3895 of 2008() ------------------------- CHARGE SHEET NO.24/2006 OF J.F.C.M CHANGANASSERY PETITIONER(S): --------------- ARUN, S/O SASI, VALADIPUTHANPARAMBIL, NILAMPEROOR VILLAGE,KUTTANAD TALUK. BY ADV. SRI.G.SUKUMARA MENON RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, EXCISE RANGE CHANGANASSERY AND THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3895 of 2008 ---------------------------------------- Dated this the 3rd day of November 2008 O R D E R The petitioner is the second accused in a prosecution under Section 56(b) of the Kerala Abkari Act. The crux of the allegations is that toddy offered for sale in a toddy shop of which the petitioner is the licensee was found to contain ethyl alcohol in excess of the prescribed extent of 8.1% by volume. It is pointed out that the first accused in the case, the Manager of the petitioner has already pleaded guilty and has been convicted and sentenced. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that following the dictum in State of Kerala v. Unni [2007(1) KLT 151], the prosecution is not maintainable and is liable to be quashed, the relevant rule which was in force at the relevant time, that is 23/12/2004 having been struck down as unconstitutional. The alleged seizure was effected on 23/12/2004. Crl.M.C.No.3895/2008 2 3. I am satisfied that the request to quash the proceedings which is not opposed by the learned Public Prosecutor can be accepted in the light of the decision referred above. 4. This Crl.M.C is accordingly allowed. C.C.No.350/06 arising from Occurrence Report No.11/05 of Changanassery Excise Range pending before the learned J.F.C.M, Changanassery is hereby quashed. (R.BASANT, JUDGE) jsr Crl.M.C.No.3895/2008 3 Crl.M.C.No.3895/2008 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008