IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3895 of 2008()
1. ARUN, S/O SASI,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.G.SUKUMARA MENON
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :03/11/2008
O R D E R
R.BASANT, J.
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Crl.M.C.No.3895 of 2008
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Dated this the 3rd day of November 2008
O R D E R
The petitioner is the second accused in a prosecution under
Section 56(b) of the Kerala Abkari Act. The crux of the
allegations is that toddy offered for sale in a toddy shop of which
the petitioner is the licensee was found to contain ethyl alcohol
in excess of the prescribed extent of 8.1% by volume. It is
pointed out that the first accused in the case, the Manager of the
petitioner has already pleaded guilty and has been convicted and
sentenced.
2. The learned counsel for the petitioner prays, the
learned Public Prosecutor does not oppose the said prayer and I
am satisfied that following the dictum in State of Kerala v.
Unni [2007(1) KLT 151], the prosecution is not maintainable
and is liable to be quashed, the relevant rule which was in force
at the relevant time, that is 23/12/2004 having been struck down
as unconstitutional. The alleged seizure was effected on
23/12/2004.
Crl.M.C.No.3895/2008 2
3. I am satisfied that the request to quash the
proceedings which is not opposed by the learned Public
Prosecutor can be accepted in the light of the decision referred
above.
4. This Crl.M.C is accordingly allowed. C.C.No.350/06
arising from Occurrence Report No.11/05 of Changanassery
Excise Range pending before the learned J.F.C.M,
Changanassery is hereby quashed.
(R.BASANT, JUDGE)
jsr
Crl.M.C.No.3895/2008 3
Crl.M.C.No.3895/2008 4
R.BASANT, J.
CRL.M.C.No. of 2008
ORDER
09/07/2008