RAJU UNNI Vs. STATE OF KERALA

JUDGEMENT

(1.) THE 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.53/03 of the Excise Range Office, Chirayinkeezhu, Thiruvananthapuram, against the petitioners are hereby quashed.