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. 690 of 2007() --------------------------------- (CR.NO.24/2004 OF THE EXCISE RANGE OFFICE,UDUMBANCHOLA, IDUKKI DISTRICT) PETITIONERS: ACCUSED NO.1 & 2: --------------------------------------------------- 1. REJI, S/O GOVINDAN, THANNIMALAYIL HOUSE, KALLARKUTTI KARA, VELLATHOOVAL VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT. 2. GIJO JOSEPH, S/O JOSEPH, PUTHUSSERI HOUSE, KUPPANNOOR KARA, KIDANGOOR VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.C.C.THOMAS RESPONDENT: COMPLAINANT: --------------------------------------------- STATE OF KERALA REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, UDUMBANCHOLA DISTRICT, BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/03/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C.No.690 of 2007 ------------------------------------- Dated this the 20th day of March, 2007 ORDER The learned counsel for the petitioners 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 C.R. No.24 of 2004 of Excise Range Office, Udumbanchola, Idukki District against the petitioners are hereby quashed. (R.BASANT, JUDGE) rtr/-