SURESH BALAN Vs. EXCISE INSPECTOR

JUDGEMENT

(1.) THE learned counsel for the petitioners prays, 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 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 Criminal Miscellaneous Case is, in these circumstances, allowed. All proceedings in pursuance of Crime No.45 of 2004 of Kollam Excise Range against the petitioners is hereby quashed.