IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 WP(C).No. 3538 of 2008(U) ------------------------------------- PETITIONER(S): ---------------------- BABY CHACKO, AGED 50 YEARS, S/O LATE CHACKO, ERUPOOLAMKATTIL HOUSE, KARIMKUNNAM P.O., KARIMKUNNAM DESOM, THODUPUZHA TALUK, IDUKKI DISTRICT. BY ADV. MR.M.G.KARTHIKEYAN MR.NIREESH MATHEW RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY, TAXES (A) DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXCISE COMMISSIONER, THIRUVANANTHAPURAM. 3. THE ASST. EXCISE COMMISSIONER, IDUKKI(OFFICE AT THODUPUZHA). 4. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, THODUPUZHA, IDUKKI DISTRICT. R1 TO R4 BY GOVERNMENT PLEADER MR.V. MANU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/08/2009, ALONG WITH WPC.3575 OF 2008 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 3538/2008-U APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CRIME AND OCCURRENCE REPORT IN CR.NO.25/2007 REGISTERED BY THE 4TH RESPONDENT DATED 06/12/2007. EXT.P2: COPY OF THE CHEMICAL ANALYSIS REPORT DATED 06/10/2007 ISSUED BY THE ASST. CHEMICAL EXAMINER TO GOVT. OF KERALA. EXT.P3: COPY OF THE NOTIFICATION G.O.(P)NO.24/2007/TD DATED 14/02/2007 ISSUED BY THE GOVT. OF KERALA. EXT.P4: CO9P NOTIFICATION G.O.(P)NO.25/2007/TD DATED 14/02/2007 ISSUED BY THE GOVT. OF KERALA. EXT.P5: COPY OF THE INDIAN STANDARD FOR ALCOHOLIC DRINKS-TODDY- SPECIFICATION ISSUED BY THE GOVT. OF KERALA. EXT.P6: COPY OF THE LETTER DATED 21/04/2003 SENT BY THE CHIEF CHEMICAL EXAMINER TO GOVT. OF KERALA TO THE EXCISE COMMISSIONER. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).Nos.3538, 3575, 6430 & 6935 OF 2008 ------------------------------------------- Dated this the 11th day of August, 2009 JUDGMENT The questions raised in these writ petitions are covered in favour of the petitioners by judgments reported in Komalan v. State of Kerala & Others [2009(2) KHC 514 (DB)] and Dasan v. State of Kerala & Others [2009(3) KHC 177 (DB)]. Accordingly, these writ petitions are allowed quashing the impugned prosecutions. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.17/8.