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. 886 of 2007() ------------------------ C.R.NO.17/2004 OF VAMANAPURAM EXCISE RANGE PETITIONER: ----------------- 1. SUCHEENDRAN, S/O.SREEDHARAN, PAZHAVILA HOUSE, MUDHACKAL MURI, NELLADU DESOM, NEDUMANGADU TALUK. 2. SANTHOSHKUMAR, S/O.GOPALAN, MEKKUMKARA PUTHENVEEDU MARANELLOOR VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.C.C.THOMAS RESPONDENT/COMPLAINANT: ------------------------------------------- STATE OF KERALA REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, VAMANAPURAM THIRUVANANTHAPURAM DISTRICT, BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.S.U.NAZER 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.886 of 2007 ---------------------------------------- Dated this the 23rd day of March 2007 O R D E R The learned counsel for the petitioners 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 CR.No.17/2004 of Vamanapuram Excise Range against the petitioners are hereby quashed. (R.BASANT, JUDGE) jsr