IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 Crl.MC.No. 3451 of 2008() ------------------------- CRIME NO. 292/98 OF KILIKOLLOOR POLICE STATION CP.177/1999 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOLLAM .................... PETITIONER/A4: --------------- MARGRATE FRANCO,W/O.LASARUS FRANCO, MARIYALAYAM,SAKTHIKULANGARA,KOLLAM. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD RESPONDENT(S): --------------- 1. STATE OF KEALA REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM, KOCHI-31. 2. THE SUB INSPECTOR OF POLICE, KILIKOLLOOR POLICE STATION,KOLLAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3451 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of September, 2008 O R D E R The petitioner faces indictment as the 4th accused in a prosecution under the provisions of the Kerala Abkari Act. The crux of the allegations is that toddy containing 13.7% of Ethyl alcohol was found available in the premises of a licensed toddy shop. Petitioner is allegedly the licensee. The learned counsel for the petitioner prays that in the light of the decision in State of Kerala v. Unni (2007 (1) KLT 151 (SC) the prosecution is liable to be quashed. 2. The learned Prosecutor accepts the said submission. Eventhough allegations are seen raised under Section 8(1) and 8 (2) as also Section 57A of the Kerala Abkari Act, in the nature of the allegations raised and in the light of the decision in Unni (supra), I am satisfied that the proceedings against the petitioner is liable to be quashed. Crl.M.C.No. 3451 of 2008 2 3. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail. 4. This Crl.M.C. is accordingly allowed. C.P. 177 of 1999 pending before the JFMC-I, Kollam against the petitioner is hereby quashed. (R. BASANT) Judge tm