IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 23RD NOVEMBER 2010 / 2ND AGRAHAYANA 1932 Crl.MC.No. 4293 of 2010() ------------------------- CC.513/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KATTAKADA .................... PETITIONER(S): A1: ------------------------------ THULASIDHARAN, PRASHANTH BHAVAN, PATTAKULAM, AANAKODE MURI, VIRANAKAVU VILLAGE, NEDUMANGAD TALUK. BY ADV. SRI.R.GOPAN RESPONDENT(S): STATE: --------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, NEDUMANGAD EXCISE RANGE, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4293 of 2010 -------------------------- ORDER Petitioner is the first accused in C.C.No. 513/2008 on the file of Judicial First Class Magistrate's Court, Kattakada, taken cognizance for the offence under Section 56(b) of Abkari Act. This petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings contending that in view of the decision of the Apex Court in State of Kerala v. Unni (2007 (1) KLJ (SC) 97), as followed by this Court in Annexure-C judgment, the case against the petitioner is to be quashed. As per Annexure-A final report, the only allegation is that certificate of chemical analysis showed percentage of ethyl alcohol in excess of the prescribed limit. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. The charge against the petitioner is that the sample of toddy taken from T.S.No.9/2003-04 on CRMC 4293/10 2 12.9.2003, when examined at the laboratory, showed that percentage of ethyl alcohol is in excess of the prescribed limit and petitioner thereby committed an offence under Section 56(b) of Abkari Act. Annexure-B certificate of chemical analysis establishes that on analysis it was found that toddy was free from noxious ingredients injurious to health. Percentage of ethyl alcohol in the two samples forwarded was 9.20 and 8.12 by volume. As held by this Court in Annexure-C judgment, in view of the decision of the Apex Court in Unni's case (supra), when the only case is that percentage of ethyl alcohol exceeds the permissible figure, the proceedings can only be quashed. Petition is allowed. C.C.No.513/2008 on the file of Judicial First Class Magistrate's Court, Kattakada (Crime No.72/2003 of Nedumangadu Excise Range) is quashed. 23rd November, 2010 (M.Sasidharan Nambiar, Judge) tkv