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ASHOK KUMAR, S/O.SIVARAMAN v. STATE OF KERALA REPRESENTED BY - Crl MC No. 1074 of 2007  RD-KL 6953 (3 April 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMCrl MC No. 1074 of 2007()
1. ASHOK KUMAR, S/O.SIVARAMAN,
2. BABU, S/O PURUSHOTHAMAN,
3. ARJUNAN, S/O.DAMODHARAN,
1. STATE OF KERALA REPRESENTED BY
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. 1074 OF 2007
Dated this the 3rd 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.15/07 of the Excise Range Office, Anchal, Kollam District, against the petitioner is hereby quashed.
3. Hand over a copy of this order to the learned counsel for the petitioner. Sd/-
(R. BASANT, JUDGE)Nan/ //true copy// P.S. To Judge
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