IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 23RD MARCH 2007 / 2ND CHAITHRA 1929 Crl.MC.No. 864 of 2007() ------------------------ CR.NO.53/03 OF THE EXCISE RANGE OFFICE, CHIRAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT. PETITIONER: ACCUSED NO.1 & 2 ----------------------------- 1. RAJU, S/O. UNNI, TC-27/1372, WARD NO.3, RISHIMANGALAM, VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT. 2. SUKESAN, S/O. VASUDEVAN, NARAYANA VILASAM, MANJA P.O., ARASSUPARAMBU DESOM, NEDUMANGADU VILLAGE, NEDUMANGADU TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.C.C.THOMAS RESPONDENTS: COMPLAINANT ------------------------- STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, CHIRAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT, BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI.S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/03/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- CRL.M.C.NO.864 OF 2007 ------------------------------------------------- Dated this the 23rd day of March, 2007 ORDER The learned counsel for the petitioners submits, 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 v. Unni (2007 (1) KLT 151 (SC)), this prosecution in which the only allegation is that the percentage of Ethyl Alcohol in toddy exceeds the permissible figure cannot be sustained. 2. This Crl.M.C. is, in these circumstances, allowed. All proceedings in pursuance of C.R. No.53/03 of the Excise Range Office, Chirayinkeezhu, Thiruvananthapuram, against the petitioners are hereby quashed. (R. BASANT, JUDGE) Nan/