Sathyan vs State Of Kerala Represented By on 20 June, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 778 of 2007()


1. SATHYAN, S/O.NARAYANAN, SINI NIVAS,
                      ...  Petitioner
2. RAVEENDRAN, S/O.VELAYUDHAN,

                        Vs



1. STATE OF KERALA REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.C.C.THOMAS

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :20/06/2007

 O R D E R
                                  R.BASANT, J

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                           Crl.M.C.No.778 Of 2007

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                    Dated this the 20th day of June, 2007


                                      ORDER

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

[2007(1) KLT 151 (S.C) ], this prosecution in which the only allegation

is that the percentage of Ethyl Alcohol in toddy exceeds the

permissible figure cannot be sustained. This Crl.M.C is, in these

circumstances, allowed. All proceedings in pursuance of

C.R.No.186/2005 of Excise Range Office, Karunagapally, Kollam

against the petitioners are hereby quashed.

(R.BASANT, JUDGE)

sj