Ashakesan vs State Of Kerala Represented By … on 23 March, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 881 of 2007()


1. ASHAKESAN, S/O.PARAMESWARAN,
                      ...  Petitioner
2. VIJAYAKUMAR, S/O.DIVAKARA PANICKER,

                        Vs



1. STATE OF KERALA REPRESENTED BY EXCISE
                       ...       Respondent

                For Petitioner  :SRI.C.C.THOMAS

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :23/03/2007

 O R D E R



                              R. BASANT, J.

               -------------------------------------------------

                     CRL.M.C.NO. 881 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.55/02 of the Excise

Range Office, Vamanapuram, Thiruvananthapuram, against

the petitioners are hereby quashed.

(R. BASANT, JUDGE)

Nan/