Kerala High Court
Harikumar vs State Of Kerala Represented By … on 23 March, 2007
IN THE HIGH COURT OF KERALA AT ERNAKULAM Crl MC No. 847 of 2007() 1. HARIKUMAR, S/O.THAMPI, ... Petitioner 2. ANTONY, S/O.PANIYADIMA, 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.847 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.78/05 of the Excise
Range Office, Thiruvananthapuram, against the petitioners are
hereby quashed.
(R. BASANT, JUDGE)
Nan/