IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 Crl.MC.No. 4936 of 2008() ------------------------- CP.98/2006 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOLLAM .................... PETITIONER(S): ACCUSED ---------------------- BAIJU, S/O. SUDHAKARAN IRATTAKOTTU VEETTIL KUREEPUZHA KOLLAM WEST. BY ADV. SRI.B.KRISHNA MANI RESPONDENT(S): STATE/COMPLAINANT -------------------------------- 1. THE STATE OF KERALA REPRESENTED BY 'THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. THE EXCISE INSPECTOR,EXCISE RANGE OFFICE KOLLAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4936 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of January, 2009 O R D E R The petitioner faces indictment as the second accused in a prosecution for offences punishable under Section 57(a) of the Kerala Abkari Act. The crux of the allegations is that the petitioner, as a co-licensee of a toddy shop along with accused 3 to 5, had kept toddy containing 22.59% of Ethyl alcohol for sale. 2. The learned counsel for the petitioner prays, the learned Prosecutor does not oppose the said prayer and I am satisfied that in the light of the decision in State of Kerala v. Unni (2007 (1) KLT 151 (SC) the petitioner is entitled to have the prosecution against him quashed. It is brought to my notice that the same prosecution in so far as the 5th accused, a co-licensee, is concerned has already been quashed as per order dt. 29.9.08 in Crl.M.C.3450 of 2008. 3. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail. Crl.M.C.No. 4936 of 2008 2 4. This Crl.M.C. is accordingly allowed. C.P. 98 of 2006 pending before the JFMC-I, Kollam in so far as it relates to the petitioner/A2 is hereby quashed. (R. BASANT) Judge tm