IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 26TH MARCH 2007 / 5TH CHAITHRA 1929 Crl.MC.No. 923 of 2007() ------------------------ C.R.NO. 62/04 OF CHATHANNOOR EXCISE RANGE PETITIONERS/A1 & A2: --------------------------------- 1. MOHANAN PILLAI, S/O. RAGHAVAN PILLAI SURESH BHAVAN, THIRUMULLAVARAM, KOLLAM. 2. BAHULEYAN, S/O. SADANANDAN KAIKULANGARA NORTH, KOLLAM. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.K.K.RAJEEV RESPONDENTS/STATE & COMPLAINANT: --------------------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. THE EXCISE INSPECTOR, CHATHANNOOR EXCISE RANGE, KOLLAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/03/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C.No.923 of 2007 ------------------------------------- Dated this the 26th 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 in toddy exceeds the permissible figure cannot be sustained. This Crl.M.C is, in these circumstances, allowed. All proceedings in pursuance of C.R. No.62 of 2004 of Chathannoor Excise Range, against the petitioners is hereby quashed. (R.BASANT, JUDGE) rtr/-