IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 14TH MARCH 2008 / 24TH PHALGUNA 1929 OP.No. 21182 of 1998(V) ----------------------- PETITIONER: ------------ 1. RANJIT, S/O.ARAVINDAN, ERAVELIL HOUSE, PANAYAPPILLY, THOPPUMPADY, KOCHI - 5 2. M.D.DHANESH, MANAGING PARTNER AND FL-3 LICENSEE, MEENU'S TOURIST HOME, ERNAKULAM. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, THIRUVANANTHAPURAM. 2. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, GOVERNMENT OF KERALA, TRIVANDRUM. 3. THE ASST. EXCISE COMMISSIONER, ERNAKULAM. 4. THE EXCISE INSPECTOR, ERNAKULAM. BY GOVERNMENT PLEADER SRI.K.V.MANOJKUMAR. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 14/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P.NO.37356/1998 IN O.P.NO.21182/1998 DISMISSED. 14-3-2008 SD/- KURIAN JOSEPH, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE NOTICE DATED 1-7-1998. EXT.P2. TRUE COPY OF THE REPLY GIVEN BY THE SECOND PETITIONER DATED 8-7-1998. / TRUE COPY / P.S. to JUDGE KURIAN JOSEPH, J. ----------------------------------------- O.P. No. 21182 of 1998 ----------------------------------------- Dated this the 14th day of March, 2008 JUDGMENT The issue raised in this writ petition is covered in favour of the petitioners by the decision of this court in Sunil v. State of Kerala, 2006 (2) KLT 851 since the alleged commission of the offence is prior to the amendment. Therefore, the impugned orders are quashed. The writ petition is allowed as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- O.P.No.21182 of 1998 ----------------------------------- JUDGMENT 14th March, 2008