HARIKUMAR S/O. SUKUMARAN NAIR versus STATE OF KERALA, REPRESENTED BY THE

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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HARIKUMAR S/O. SUKUMARAN NAIR v. STATE OF KERALA, REPRESENTED BY THE - Crl MC No. 904 of 2004(C) [2007] RD-KL 6048 (23 March 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 904 of 2004(C)

1. HARIKUMAR S/O. SUKUMARAN NAIR,
... Petitioner

Vs

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

For Petitioner :SRI.R.T.PRADEEP

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

Dated :23/03/2007

O R D E R

R. BASANT, J.

CRL.M.C.NO. 904 OF 2004

Dated this the 23rd day of March, 2007

ORDER

The 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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