S PRADEEP Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the 1st accused in a prosecution under the provisions of the Kerala Abkari Act. Curiously the only allegation is that plastic containers 'smelling toddy' were found available in a vehicle. Investigation did not lead to any other tangible data to show that the vehicle was used for transportation of toddy. The mere smell of toddy in the containers does appear to have prompted action on the part of the officials. Prosecution against the 1st accused has already been quashed by another Bench of this Court as per Annexure-AII judgment.

(2.) The learned counsel for the petitioner prays, the learned Public Prosecutor does not seriously oppose the said prayer and I am satisfied that there is total absence of materials to support any valid allegations against the petitioner also. This CrlMC is, accordingly allowed. Crime No. 109 of 2002 of Kovalam Police Station against the petitioner is hereby quashed.