(1.) THE learned counsel for the petitioner prays, the learned Government Pleader does not oppose the said prayer and I am satisfied that in the light of the decision in State of Kerala and Others v. Unni and another [2007(1) KLJ (S.C) 97], this prosecution in which the only allegation is that the percentage of Ethyl Alcohol in toddy exceeds the permissible figure cannot be sustained. This Writ Petition is, in these circumstances, allowed. All proceedings in pursuance of Crime No.49 of 2004 of Excise Range Office, Thiruvananthapuram against the petitioner are hereby quashed.