IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 25TH NOVEMBER 2010 / 4TH AGRAHAYANA 1932 Crl.MC.No. 4640 of 2010() ------------------------------------ CR. NO.22/2010 OF EXCISE, RANGE OFFICE, KURAVILANGADU, KOTTAYAM DIST. .......... PETITIONER(S): ACCUSED NOS. 1 TO 4 -------------------------------------------------------- 1. K.G.RAJU, S/O.GOVINDAN, KOOTTAKKAVIL HOUSE, KOZHA.P.O., KURAVILANGADU VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT. 2. K.K.THANKAPPAN, S/O.KUNJUNJU, KALIPARAMBIL HOUSE, MANJOOR.P.O., MANJOOR VILLAGE, VAIKOM TALUK. 3. K.K.THANKAPPAN, S/O.KUTTAPPAN, KOCHUPARAMBIL HOUSE, MEMURIKARA, MANJOOR VILLAGE, VAIKOM TALUK. 4. P.G.MOHANAN, S/O.GOPALAN, PIRAVIKOTTU HOUSE, KOODAPPULAM KARA, VELLILAPPALLY VILLAGE, MEENACHIL TALUK. BY SRI.C.C.THOMAS, SENIOR ADVOCATE BY ADVS. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT ----------------------------------------------- STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, KURAVILANGADU, KOTTAYAM DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/11/2010, ALONG WITH CRMC. NOS. 4644 OF 2010, 4649 OF 2010 & 4651 OF 2010 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4640,4644,4649 & 4651 OF 2010 =========================== Dated this the 25th day of November,2010 ORDER Petitioners are the accused respectively in CR No.22/201, 24/2010, 21/2010 and 23/2010 of Excise Range, Kuravilangadu registered for the offences under sections 57(a) and 56(b) of Abkari Act on the allegation that the sample of toddy taken from the respective toddy shops on analysis showed presence of ethyl alcohol in excess of the prescribed limit of 5.9% as provided under rule 9(2) of Kerala Abkari Shops Disposal Rules 2002 introduced on 14.2.2000. Petitions are filed under section 482 of Code of Criminal Procedure contending that in view of the decision of this court in Komalan v. State of Kerala (2009(2) KLT 744) as reviewed in Dasan and others v. State of Kerala (2009(3) Crl.M.C.4649/2010 & connected cases 2 KLT 163) the registration of the case is illegal and they are to be quashed. 2. Learned senior counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. This court has considered the identical question in Komalan's case (supra) which was subsequently reviewed in Dasan's case (supra) holding that the registration of the crime for offences under section 57(a) will not lie for the presence of the toddy in excess of the permissible limit. The certificate of chemical analysis show that percentage of ethyl alcohol in no case exceed above 6.9%. In view of the decision of this Court in Komalan's case (supra) and Dasan's case (supra), registration of the case by the respective crime and occurrence report can only be quashed. Petitions are allowed. CR.No.22/2010, 24/2010, Crl.M.C.4649/2010 & connected cases 3 21/2010 and 23/2010 of Excise Range, Kuravilangadu are quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006