IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 5TH JULY 2010 / 14TH ASHADHA 1932 Crl.MC.No. 3455 of 2008() ------------------------- SC.442/2000 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOLLAM .................... PETITIONER(S): ----------- MARGRATTE 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 KERALA,REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM-31. 2. THE ASSISTANT SUB INSPECTOR OF POLICE, EAST POLICE STATION,KOLLAM. PUBLIC PROSECUTOR SRI. HRITHICK THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 05/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 3455 of 2008 * * * * * * * * * * * * * * * * * * Dated: 5th day of July 2010 ORDER Petitioner who is 4th the accused in Crime No. 120 of 1999 of Kollam Police Station for offences punishable under Sections 55(a) and 8 (1) of the Abkari Act and now pending before the Sessions Court, Kollam as S.C. No. 442 of 2000 for allegedly having been found in possession of toddy containing Ethyl Alcohol in excess of 8.1% by v/v. fixed under Rule 9 (2) of the Kerala Abkari Shops Disposal Rules, 2002, challenges all further proceedings in the above case. It is admitted that in the light of the decision of the Apex Court in State of Kerala v. Unni – (2007 (1) KLT KLT 151 (SC) the petitioner is entitled to get the prosecution quashed. Accordingly, this M.C. is allowed and S.C. 442 of 2000 on the file of the Sessions Court, Kollam shall stand quashed as against the petitioner/4th accused. Dated this the 5th day of July, 2010. V. RAMKUMAR, (JUDGE) -2- ani.