Mathew Franco vs State Of Kerala on 25 May, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 2192 of 2009()


1. MATHEW FRANCO,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. THE EXCISE INSPECTOR,

                For Petitioner  :DR.K.P.SATHEESAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :25/05/2010

 O R D E R
                       V.RAMKUMAR, J.
                 -------------------------------------
                Crl.M.C. Nos. 2192 of 2009
                --------------------------------------
            Dated this the 25th day of May, 2010

                              ORDER

Petitioner, who is the fourth accused in O.R No.111/1999

of Kollam Excise Range and now pending before the Judicial

First Class Magistrate Court-I, Kollam as C.P.No.182/2007 for an

offence punishable under Section 57 (a) of the Abkari Act, seeks

to quash the entire proceedings against him.

2. The question involved is whether the toddy drawn

from the toddy shop of the petitioner contains excess Ethyl

Alcohol.

3. The learned Public Prosecutor agreed that the matter

is covered by the decision of the Apex court in State of Kerala v.

Unni 2007 (1) KLT 151. If so, Annexure 1 final report as well as

all proceedings in C.P.No.182/2007 are quashed.

V.RAMKUMAR, JUDGE

dmb