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K.SASI v. THE STATE OF KERALA and Anr - Crl MC No. 811 of 2007  RD-KL 5788 (21 March 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMCrl MC No. 811 of 2007()
1. THE STATE OF KERALA & ANOTHER
For Petitioner :SRI.K.B.PRADEEP
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
O R D E R
R. BASANT, J.CRL.M.C.NO. 811 OF 2007
Dated this the 21st day of March, 2007
ORDERThe learned counsel for the petitioner 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.42/04 of the Excise Range Office, Thiruvananthapuram, against the petitioner are hereby quashed.
(R. BASANT, JUDGE)Nan/
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