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HARIKUMAR S/O. SUKUMARAN NAIR v. STATE OF KERALA, REPRESENTED BY THE - Crl MC No. 904 of 2004(C)  RD-KL 6048 (23 March 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMCrl MC No. 904 of 2004(C)
1. HARIKUMAR S/O. SUKUMARAN NAIR,
1. STATE OF KERALA, REPRESENTED BY THE
For Petitioner :SRI.R.T.PRADEEP
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
O R D E R
R. BASANT, J.CRL.M.C.NO. 904 OF 2004
Dated this the 23rd 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.6/03 of the Thirupuram Excise Range against the petitioner are hereby quashed.
(R. BASANT, JUDGE)Nan/
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