IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 Crl.MC.No. 1796 of 2009() -------------------------------------- (CR.NO.6/08 OF EXCISE RANGE OFFICE, PAMPADY IN KOTTAYAM DIST.) PETITIONER(S): ACCUSED: ----------------------------------------- 1. K.T. ANTONY, AGED 50 YEARS, S/O. THOMAS, KUNNATHETTU HOUSE, CHENGALAM EAST VILLAGE, CHENGALAM EAST KARA, KOTTAYAM TALUK. 2. P.S. SATHEESHKUMAR, AGED 36 YEARS, SREENILAYAM HOUSE, KIDANGOOR VILLAGE, PULLAPPALLY KARA, MEENACHIL TALUK. 3. M.K. DIVAKARAN, AGED 48 YEARS, S/O. KUNJUKUNJU, MANIYACKAL HOUSE, PAMPADY VILLAGE, PUTHENPURAM KARA, KOTTAYAM TALUK. BY ADVS. SMT.DEEPTHY.S.NATH, MR.A.K.HARIDAS. RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR,EXCISE RANGE OFFICE, PAMPADY THROGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. B.VINOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.1796 of 2009 -------------------------- ORDER Petitioners are the accused in C.R.No.6/2008 of Excise Range Office, Pampady. Allegation against the petitioners is that they are the Manager and licensee of Toddy Shop No.23/07 of Kothala under Group No.VI of Pampady Excise Range and on 16.8.2007, Preventive Officer of Pampady Excise Range along with a team inspected the toddy shop and collected samples of Sago Palm (Choondapana) toddy and sent for chemical examination and report of the chemical examination shows that toddy contained 6.25% ethyl alcohol, which is in excess of the permitted limit of 5.9% and thereby petitioners committed offences under Sections 56(b) and 57(a) of Abkari Act read with Rule 9(2) of Abkari Shops Disposal Rules. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that CRMC 1796/09 2 as held by a Division Bench of this Court in Komalan v. State of Kerala (2009 (2) KHC 514) percentage of ethyl alcohol in Sago Palm, if detected, not above 8.1% will not attract offences under Sections 56(b) and 57(a) of Abkari Act and therefore, it is to be quashed. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. A Division Bench of this Court in Komalan's case (supra) considered the question whether presence of ethyl alcohol below 8.1% would attract an offence under Section 56(b) or 57(a) of Abkari Act. It was held that it will not attract the offence. In view of the Division Bench decision, prosecution as against the petitioner can only be quashed. Petition is allowed. C.R.No.6/2008 of Excise Range Office, Pampady as against the petitioners is quashed. 23rd July, 2009 (M.Sasidharan Nambiar, Judge) tkv