Babykuttan Pillai vs State Of Kerala on 25 July, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 11029 of 2004(K)


1. BABYKUTTAN PILLAI S/O.JANARDHANAN PILLAI
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. THE COMMISSIONER OF EXCISE,

3. THE DISTRICT COLLECTOR, PATHANAMTHITTA.

4. THE ASST.EXCISE COMMISSIONER,

5. THE EXCISE INSPECTOR,

                For Petitioner  :SRI.MVS.NAMBOOTHIRY

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :25/07/2007

 O R D E R
                      PIUS C. KURIAKOSE, J.
                  ----------------------------------
                   W.P.(C) NO.11029 of 2004
                  ----------------------------------
            Dated this the 25th day of July , 2007

                            JUDGMENT

Heard Sri.M.V.S.Nampoothiry, the learned counsel for the

petitioner and the learned public prosecutor.

2. Having regard to the principles emerging from the

judgment of this court in Unni. v. State of Kerala (2003 (3)

KLT 306), which has been affirmed by the Supreme Court in

Elamgulam Service Co-operative Bank Ltd. v.

GopinathanNair (2007 (1) KLT 147) reversing the judgment

in State of Kerala v. Unni (2005 (1) KLT 714), this writ

petition is only to be allowed. Ext.P2 is quashed. No costs.

PIUS C. KURIAKOSE,

JUDGE.

Dpk