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JOSE, S/O.SILAS, KUZHIVILA VEETTIL v. STATE OF KERALA REPRESENTED BY EXCISE - Crl MC No. 851 of 2007  RD-KL 6058 (23 March 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMCrl MC No. 851 of 2007()
1. JOSE, S/O.SILAS, KUZHIVILA VEETTIL,
2. RAMACHANDRAN NAIR, S/O.SEKHARAN,
1. STATE OF KERALA REPRESENTED BY EXCISE
For Petitioner :SRI.C.C.THOMAS
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
O R D E R
R. BASANT, J.CRL.M.C.NO. 851 OF 2007
Dated this the 23rd day of March, 2007
ORDERThe learned counsel for the petitioners 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.57/06 of the Excise Range Office, Amaravila, Thiruvananthapuram, against the petitioners are hereby quashed.
(R. BASANT, JUDGE)Nan/
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