IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 20TH MARCH 2007 / 29TH PHALGUNA 1928 Crl.MC.No. 951 of 2006(D) ------------------------------------- (C.R. NO. 68/2004 OF THE EXCISE RANGE OFFICE, THIRUVANANTHAPURAM) ...... PETITIONER/ACCUSED NO.2: ------------------------------------------ SUDHEESH KUMAR, AGED 36 YEARS, S/O.DIVAKARAN, S.R.K. VILASAM, PARASUVAKKAL P.O., NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.C.C.THOMAS. RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, THIRUVANANTHAPURAM BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZER. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 20/03/2007,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C.No.951 of 2006 ------------------------------------- Dated this the 20th day of March, 2007 ORDER The learned counsel for the petitioner 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 exceeds the permissible figure cannot be sustained. This Crl.M.C is, in these circumstances, allowed. All proceedings in pursuance of C.R. No.68 of 2004 of Excise Range Office, Thiruvananthapuram against the petitioner are hereby quashed. (R.BASANT, JUDGE) rtr/-