Kunjumon vs The State Of Kerala on 29 June, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 903 of 2007()


1. KUNJUMON,
                      ...  Petitioner

                        Vs



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

2. THE ASSISTANT EXCISE COMMISSIONER,

3. THE COMMISSIONER OF EXCISE,

                For Petitioner  :SRI.B.MOHANLAL

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :29/06/2007

 O R D E R
                              R.BASANT, J.

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

                         Crl.M.C.No.903 of 2007

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

                  Dated this the 29th day of June 2007




                                  O R D E R

The learned counsel for the petitioner 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 Criminal Miscellaneous Case is, in these circumstances,

allowed. All proceedings in pursuance of C.R.No.18/2004 of

Chathannoor Excise Range against the petitioner is hereby

quashed.

                                                          (R.BASANT, JUDGE)

jsr


B.A.Noof 2007    2


B.A.Noof 2007    3


                                 R.BASANT, J.





                                   CRL.M.CNo.





                                       ORDER





                          21ST DAY OF MAY2007





                            (R.BASANT, JUDGE)

sj

           /TRUE COPY/


                               P.A.TO JUDGE