IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 9TH APRIL 2007 / 19TH CHAITHRA 1929 Crl.MC.No. 819 of 2007() ------------------------ CRIME NO.206/05 OF KARUNAGAPPALLY POLICE STATION PETITIONER: ACCUSED ------------------------------------- P.MOHANLAL, S/O.PODIYAN PILLAI @ MADHAVAN PILLAI, LICENCEE BEARING NO.58/02-03 OF TODDY SHOP BEARING NO.T.S 30/2005-06 AT PUTHIYAKAVU OF KARUNAGAPPALLY EXCISE RANGE, RESIDING AT LAL BHAVAN, NAMBARUVIKALA, ALUMKADAVU, KARUNAGAPPALLY. BY ADV. SRI.P.V.VENUGOPAL SRI.C.H.JAYAKRISHNAN RESPONDENTS: RESPONDENTS --------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, STATE OF KERALA REPRESENTING S.I. OF POLICE, KARUNAGAPPALLY. BY ADV. SRI.C.C.THOMAS PUBLIC PROSECUTOR SRI. SU NAZAR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 09/04/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.819 of 2007 ---------------------------------------- Dated this the 9th day of April 2007 O R D E R 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 in toddy exceeds the permissible figure cannot be sustained. This Criminal Miscellaneous Case is, in these circumstances, allowed. All proceedings in pursuance of Crime No.206 of 2005 of Karunagappally police against the petitioner is hereby quashed. (R.BASANT, JUDGE) jsr Crl.M.C.No. 2 Crl.M.C.No. 3 R.BASANT, J C.R.R.P.No. ORDER 21ST DAY OF JULY 2006 (R.BASANT, JUDGE) jsr Crl.M.C.No. 5 Crl.M.C.No. 6 R.BASANT, J C.R.R.P.No. ORDER 21ST DAY OF JULY 2006