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. 775 of 2007() ------------------------ C.R.NO.34 OF 2006 OF MULLAPPALLY EXCISE RANGE ..................... PETITIONER: ACCUSED ------------------- SURESH BABU, S/O.RAJAN K.K., PADAPPANAM POIKAYIL HOUSE, PADIMON P.O., MALLAPPALLY, THIRUVALLA. BY ADV. SRI.P.HARIDAS RESPONDENTS: STATE/COMPLAINANT ------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. EXCISE INSPECTOR, MALLAPPALLY EXCISE RANGE. 3. ASSISTANT EXCISE COMMISSIONER, PATHANAMTHITTA. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/03/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C.No.775 of 2007 ------------------------------------- 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 Crime No.34 of 2006 of Mallappally Excise Range against the petitioner are hereby quashed. (R.BASANT, JUDGE) rtr/-